how to remove eviction from record

How to Remove an Eviction from Your Record: Start Fresh Today

July 25, 202415 min read

Facing an eviction can feel like a heavy cloud over your future, but it doesn’t have to be permanent

Many Americans are in the same boat. Did you know that over 3.7 million eviction cases are filed every year in the U.S.? That’s a huge number! That’s why I specifically want to cover this topic.


Today, we’ll discuss:

  • The Struggle with Eviction

  • What Causes Eviction?

  • The Usual Cost of Having a Home

  • How Eviction is Being Served

  • Discovering Your Eviction Records

  • Steps To Remove an Eviction

  • Renting with an Eviction: Turning Challenges into Opportunities

  • Conclusion: Embrace Your New Beginning


People face eviction for many reasons. It could be job loss, unexpected medical bills, or rising rent costs. The effects are tough, but our main concern here is how it can hurt your credit score. Thus, making it hard to rent a new place, get a loan, or even find a job.

But the good news is, you can overcome this! 

Whether you need a new place to live or just want to clear your record, we’ve got you covered. 

Let’s tackle how you can remove an eviction from your record and start fresh!


The Struggle with Eviction

dangers of eviction

"Struggling with eviction"

Across America, many people are being kicked out from their homes. Everyday an eviction notice is being served. Can you just imagine that numbers?

With rental prices rising and wages not keeping up, finding affordable housing is tough. 

You might initially think that you can just move to a new place after being evicted, but it's not that simple.

An eviction can cause a lot of problems in your life. The consequences are far from what you can ever imagine.


danger of eviction

"Eviction danger"

The Dangers of Having an Eviction

Impact on Credit Score: Evictions can hurt your credit score. This makes it harder to get loans, credit cards, or even rent a car. A low credit score shows that you might be a financial risk. 

If you are not aware about the importance of your credit score, better check our article about: Why Credit Is So Important

So, why having an eviction is hard?

  • Difficulty Finding New Housing: Landlords check your rental history. If they see an eviction, they might not allow you to rent. This will narrow your rental options. You might just have to live in less desirable places. Worse, is you might be forced to take high-priced rentals under low value - just simply because you won’t have a choice.

  • Increased Financial Strain: Evictions cost money. You might have to pay court fees, moving costs, and find temporary housing. These expenses can add up and make it harder to recover financially.

  • Emotional and Psychological Impact: More than the financial effect of eviction, the trauma of being kicked out of your home can be devastating. It can severely lower your morale and self-esteem, making you feel hopeless and insecure. The stress of scrambling to find a new place to live adds immense pressure, often leading to anxiety and depression. This emotional turmoil can affect your daily life, relationships, and overall mental health.

  • Impact on Employment: Some employers check your rental history. An eviction can hurt your chances of getting a job. Moving and financial stress can also affect your work performance.

  • Effect on Family and Social Life: You might not know it but eviction disrupts family life. Moving means changing schools for kids and losing social support. This instability can also affect children's education and emotional health.

In short, an eviction can cause many problems beyond just finding a new place to live. It affects your finances, mental health, job prospects, and family life. 

Understanding these dangers can help you take steps to prevent eviction and seek help if you need it. In the next part, we’ll discuss the causes of eviction.


What Causes Eviction?

Despite the desire to maintain housing stability, many people face eviction due to various reasons. The most common one is the inability to pay rent or mortgage on time.

reasons for eviction

"Data showing common reasons for eviction"

Below is an overview:

  • Financial Hardship:  Approximately 30-40% of evictions are due to financial difficulties, such as job loss or unexpected expenses. These factors can make rent unaffordable.

  • Lease Violations: Taking around 20% of the cause. Breaches like having unauthorized occupants or pets, or engaging in illegal activities, can lead to eviction.

  • Property Damage: Significant damage to rental property can result in eviction. This is the least common, roughly around 10%.

  • Late Payments: Consistently late or missed rent payments can push landlords to evict. This is around 30% of statistics.

Understanding these factors highlights the importance of financial planning and adherence to lease agreements to avoid the risk of eviction. 


The Usual Cost of Having a Home

cost of having a hme

"cost of having a home"

According to a study, the main cause of eviction is not being able to make payments. Therefore, it’s crucial to understand the costs involved in having a place to stay.

Knowing these costs can help you budget better and avoid eviction.

Mortgage Costs

For those who own their homes, the biggest expense is the mortgage. A mortgage is a loan used to buy a house. The average mortgage payment in the U.S. is around $1,600 per month. However, this amount can be higher or lower depending on where you live. For example:

  • California and New York: Homeowners might pay over $2,500 a month.

  • Ohio and Indiana: The monthly payment could be around $1,200.

Several factors affect how much you pay each month. These include the price of the home, the down payment, the interest rate, and the length of the loan.

Rental Costs

Renting is another common option. The cost of rent can vary widely across different states. On average, renting a one-bedroom apartment in the U.S. costs about $1,200 per month. But just like with mortgages, the rent can be much higher or lower depending on the location:

  • California and New York: Rent for a one-bedroom apartment can range from $1,500 to $2,500 per month.

  • Alabama and Mississippi: Rent for the same size apartment might be between $700 and $900 per month.

Other factors also influence rental prices, such as the condition of the apartment, the amenities offered, and the local demand for housing.

Additional Costs

Both homeowners and renters have additional costs to consider:

  • Utilities: These include electricity, water, gas, and internet. Utilities can add $100 to $300 per month to your housing costs.

  • Maintenance and Repairs: Homeowners need to budget for repairs and maintenance, which can vary but might average around $100 to $200 per month. Renters typically have fewer maintenance costs but may still need to pay for small repairs or maintenance fees.

  • Insurance: Homeowners must have homeowners' insurance, which can cost around $1,200 per year. Renters should have renters insurance, which is cheaper, averaging about $15 per month.

Understanding the costs of owning or renting a home can help you plan better. Budgeting for these expenses and staying on top of payments can reduce the risk of eviction and ensure housing stability.


How Eviction is Being Served

how eviction is being served

"how eviction is being served"

Knowing how eviction is served can help you understand the process and take steps to address it quickly. Eviction doesn’t happen overnight. There are signs and formal steps involved.

Signs You’re Being Evicted

The first sign of potential eviction is usually a notice from your landlord. This notice could be a warning that you’re behind on rent or have violated your lease. It’s a formal document telling you what you need to do to fix the problem.

Sometimes, landlords will also try to reach out through phone calls or emails before sending an official notice.

Formal Eviction Notice

If the issue isn’t resolved, you’ll receive an official eviction notice. This document is sometimes called a “Notice to Quit” or “Notice to Vacate.” It will detail why you’re being evicted and how long you have to move out.

This notice must be delivered to you directly, posted on your door, or sent through certified mail.

Court Summons and Hearing

 If you don’t move out or fix the issue after receiving the notice, the landlord can take the case to court. You’ll get a court summons telling you when and where to appear for a hearing. It’s important to attend this hearing. It’s your chance to explain your side of the story.

If you don’t go, the judge will likely rule in favor of the landlord.

Default on Payments

The most common reason for eviction is falling behind on rent. Usually, if you miss one or two payments, you might get a warning. After that, the landlord can start the eviction process. Some landlords may give you a grace period to catch up on payments.

However, it’s essential to communicate with your landlord if you’re having trouble paying rent. Sometimes, they might offer a payment plan or other solutions.

Sheriff’s Notice

If the judge rules in favor of the landlord, you’ll receive a notice from the sheriff. This notice gives you a final deadline to move out, usually within a few days to a week.

If you don’t leave by the deadline, the sheriff will come to remove you and your belongings from the property.


What to Do When Getting an Eviction Notice

what to do

"What to do"

If you get an eviction notice, act quickly. Talk to your landlord and see if you can work out a solution. Seek legal advice or help from local housing organizations.

Understanding your rights and options can make a big difference. Knowing the steps of the eviction process can help you stay prepared and possibly avoid eviction. Always communicate with your landlord and seek help if you’re facing difficulties.

Understanding these signs can help you handle the situation. Next, we’ll look at what to do when you first get an eviction notice.


Discovering Your Eviction Record: The First Step

discovering eviction

"Discovering eviction"

Before you can tackle an eviction, you need to know if it’s actually on your record. 

Here’s how to find out:

  • Court Records: Start by contacting the court where the eviction took place. Most courts offer online access or phone support, making it easy to check if there’s an eviction filed under your name.

  • Tenant Screening Services: These services often keep track of eviction records. Request a copy of your tenant screening report to see if the eviction appears there.

  • Credit Reports: Major credit reporting agencies sometimes list evictions. Get your free annual credit report from sites like Annual Credit Report and look for any mention of an eviction. Also, it helps is you know how to read and understand your credit report.

Once you’ve confirmed that an eviction is on your record, it’s important to know what steps to take next.

Let’s talk about what you can do to address the situation and work towards resolving it.


Steps to Remove an Eviction

remove eviction

"Steps to remove eviction"

Discovering an eviction on your record can be disheartening, but don’t worry! Here’s a dynamic and proactive approach to getting it removed:

1. Challenge Unjust Evictions in Court

If you believe your eviction was unjust, it’s time to fight back! Start by gathering all the evidence you can to support your case. This can include:

  • Emails and Texts: Any correspondence with your landlord that shows you tried to resolve the issue.

  • Lease Agreements: The original lease and any amendments to it.

  • Receipts and Payments: Proof of rent payments or maintenance fees.

With this evidence, file a petition in the appropriate court to have your eviction reviewed. During your court hearing, present your evidence clearly and logically. 

Demonstrate how the eviction was unjust or based on incorrect information. If the court rules in your favor, the eviction can be officially removed from your record.

2. Pay Off or Settle Rental Debts

Clearing your debts is a powerful move. Reach out to your former landlord to negotiate a payment plan or settlement. Here's how you can approach it:

  • Negotiation: Offer to pay a portion of the debt immediately in exchange for the landlord agreeing to settle the remaining amount.

  • Payment Plan: If you can’t pay a lump sum, propose a structured payment plan.

Once an agreement is reached, make sure to get everything in writing. After you’ve paid off the debt, request a written confirmation from your landlord stating that the debt has been settled. This can be used to clear your rental history.

3. Remove Collections from Your Credit Report

If your unpaid rent was sent to a collection agency, it could negatively impact your credit score. To handle this:

  • Contact the Agency: Reach out to the collection agency and negotiate a payment in exchange for the removal of the collection from your credit report.

  • Get It in Writing: Ensure that you have a written agreement from the agency before making any payments.

This agreement should state that they will remove the collection from your credit report once the payment is received. Follow up to ensure the removal is completed.

4. Clear Your Tenant-Screening Reports

Tenant-screening reports are crucial for future rental applications. To clear your record:

  • Identify the Services: Find out which tenant-screening services have your eviction on record. This information can often be found on your credit report or from previous rental applications.

  • Request Removal: Contact these services directly, providing proof that the eviction was unjust or that the debt has been settled.

  • Provide Documentation: Submit any court rulings or payment confirmations as evidence.

Persistence may be needed, but clearing these reports can significantly improve your chances of securing future rentals.

5. Eliminate Negative Actions

Review your credit report for any negative marks related to the eviction. These can include:

  • Late Payments: Rent payments that were marked as late.

  • Penalties: Any fees or penalties associated with the eviction.

To dispute these, contact the credit bureaus with documentation proving that these marks are incorrect or have been resolved. The credit bureaus will investigate your claims and, if they find them valid, remove the negative marks. 

6. Persistently Dispute Errors

Errors related to the eviction can sometimes persist. If this happens:

  • Continuous Follow-Up: Keep contacting credit bureaus and tenant-screening agencies.

  • Provide Clear Evidence: Ensure that each communication includes detailed and clear evidence supporting your claims.

  • Document Everything: Keep records of all your communications and submissions.

Persistence is key. It might take multiple attempts, but staying proactive and organized will increase your chances of having these errors removed. You can also check our guide to How to Write Disputes That Get Approved.

By following these steps thoroughly, you are improving your chances of securing housing in the future. 

Remember, being patient and having a clear communication are your best tools in this process.


How Long Do Evictions Stay on Your Record?

how long does eviction stay on records

"how long does eviction stay on records"

Evictions can stay on your record for up to seven years. However, their impact decreases over time, especially if you take proactive steps to improve your credit and rental history.

Our Take: You don’t have to wait for the seven years to pass before taking action. There are things you can do now to address the eviction and work towards bettering your situation. 

By taking steps like paying off any outstanding debts, correcting inaccuracies on your credit report, and demonstrating positive rental behavior, you can start to rebuild your reputation sooner and lessen the long-term effects of an eviction.


Renting with an Eviction: Turning Challenges into Opportunities

renting with eviction

"Renting with eviction"

Having an eviction doesn’t mean you’re doomed to never rent again. 

Here’s how you can overcome this hurdle:

  • Be Honest: Transparency about your past eviction can build trust with potential landlords.

  • Show Stability: Provide proof of steady income, strong references, and a history of timely payments.

  • Offer Incentives: Consider offering a higher security deposit or a few months’ rent upfront to reassure landlords.

  • Get a Co-Signer: Having a co-signer with a strong credit history can make landlords more comfortable renting to you.

  • Work with a Rental Agency: Some agencies specialize in helping people with past evictions find new homes.

  • Improve Your Credit Score: Regularly paying bills on time and reducing debt can boost your credit score, making it easier to rent.

Bonus Tip: Rent a House Than an Apartment

rent a house

"Rent a house"

Many of our clients have found that renting a house offers a higher success rate compared to apartments. Landlords of single-family homes are often more willing to work with individuals who have a past eviction. They may show more compassion and flexibility, especially if you can demonstrate your commitment to being a responsible tenant.

Landlords of houses might be more interested in long-term and stable tenants. They often appreciate the personal touch of meeting potential renters in person. Offering to meet with them and discuss your situation can make a positive impression. 

Additionally, because houses typically have fewer tenants compared to apartment complexes, there’s often less competition, which can boost your chances of securing a rental.

Showing your dedication to improving your rental history and demonstrating your reliability can go a long way in helping you secure a home, even with an eviction on your record.


Conclusion: Embrace Your New Beginning

conclusion

"New beginning after eviction"

Eviction is a setback, but it’s not the end of the road. 

By taking proactive steps, you can remove an eviction from your record and open the door to new rental opportunities. Stay determined, keep moving forward, and embrace the fresh start that awaits you. A brighter future is just around the corner.


Using Disputely for a Fresh Start

disputely

"Disputely AI"

Disputely A.I., a free AI-powered credit software, can help you rebuild, manage, and protect your credit report. With Disputely’s assistance, you can tackle evictions, improve your credit score, and move forward with confidence.

We know this journey can be challenging, but we're here to help. Ready to move forward? Let's find out if we can work together to make it happen.

Joe Mahlow has over 16 years of experience in the Personal Finance and Credit industry. He has successfully run a credit repair business and is the founder of Disputely, a credit repair software. Joe is passionate about helping clients improve their financial knowledge and build wealth. His goal is to guide people to financial success using his extensive experience and expertise.

Joe Mahlow

Joe Mahlow has over 16 years of experience in the Personal Finance and Credit industry. He has successfully run a credit repair business and is the founder of Disputely, a credit repair software. Joe is passionate about helping clients improve their financial knowledge and build wealth. His goal is to guide people to financial success using his extensive experience and expertise.

Back to Blog