Your rental history can play an important part in getting approved for your next apartment, and landlords and property managers may consider prior evictions when deciding whether or not you would make a reliable renter.
If you have been evicted in the past or are concerned you might be evicted in the future, we’ve compiled a list of everything you need to know about evictions to help you search for your next home in case you end up with an eviction on your record.
What is an eviction?
An eviction is a legal process through which a landlord forces a tenant to leave a rented property. This action is typically taken when a tenant violates the terms of the lease agreement, such as failing to pay rent, engaging in illegal activities on the premises, causing significant damage to the property, or violating other terms specified in the lease.
The eviction process varies by jurisdiction, but it generally involves the landlord providing the tenant with a notice to remedy the issue or vacate the premises within a specified period. If the tenant does not comply, the landlord can then file a lawsuit to obtain a court order for eviction. Law enforcement may then enforce the court order to remove the tenant from the property.
How long does an eviction stay on your record?
Evictions typically stay on your record for 7 years. Some states may have shorter or longer periods. Credit reports may show evictions for up to 7 years, while tenant screening reports can include evictions indefinitely.
Renting with an eviction: Top things to know
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Transparency is crucial: Be honest with landlords about the eviction and provide context.
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Demonstrate improved financial stability: Build trust with potential landlords by showing financial responsibility.
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Build a positive rental history: Over time, this can offset the impact of an eviction.
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Consider obtaining co-signers: Co-signers with good credit can vouch for your reliability.
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Private landlords may be more flexible: They might be more understanding of individual circumstances.
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Understand and address the reasons behind the eviction: Present a compelling case to landlords.
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Diligently search for housing opportunities: Expand options beyond traditional channels.
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Proactive communication with landlords: This is key in navigating the rental market successfully.
Steps to take when applying to rent an apartment with a prior eviction on your record
It is absolutely possible to rent with an eviction on your record, but you’ll need to take some steps to help ensure the approval of your application.
Here’s how to apply for an apartment with a prior eviction.
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Try to get the eviction removed from your record
To secure an apartment with a prior eviction on your record, you should first try to get the eviction removed from your rental history by working things out with your previous landlord.
If you were evicted due to owed rent, determine whether you can pay back the amount owed in exchange for the landlord erasing the eviction from your rental history. If your eviction was due to circumstances beyond your control, such as a landlord who was unwilling to make necessary repairs or keep the unit up to the proper standard, you may be able to take legal action and get the eviction removed from your history.
It’s important to try getting your eviction removed because your future landlord may disregard your application once they see an eviction in your rental history. However, it might not be possible to have your eviction removed from your record, and in that case, you can take other steps of action. To ensure your application isn’t quickly discarded, evaluate your own situation and see how you can resolve your past eviction. If you are unable to get the eviction removed from your record, there are still other options you can utilize.
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Be upfront about your eviction
In some cases, a landlord may be willing to overlook an eviction on a potential renter’s history if the renter is honest about what happened. For example, if you were in a difficult situation, such as job loss or a divorce, the landlord may be more understanding as to why you weren’t able to pay your rent. Evictions can also happen when renters fail to follow the rental agreement terms, cause excessive property damage, or receive too many complaints against them. Explaining the situation may help your case when applying for apartments that take evictions.
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Work on your credit
Although an eviction doesn’t show up on a credit report, your credit history may show that a bill collector or landlord went after you for unpaid rent or a broken lease. Before you begin the application process for another rental, you may want to spend some time working on your credit to make yourself look more appealing and stable to a landlord. Pay your bills on time and lower the amount of outstanding debt on your record. A renter with a strong credit history and a high score could stand out among applicants as a financially responsible individual.
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Offer to pay a higher security deposit
Some landlords and apartments will accept renters with evictions if they’re willing to pay more. You may have to pay a higher deposit amount, which you can always get back at the end of your lease, or pre-pay several months of rent. Save up in advance of applying for units so you’re prepared if needed. Every landlord has the right to set up their own payment terms and regulations as long as they’re agreed upon by both parties and outlined in the lease agreement.
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Obtain references
References help to establish the quality of your character, so including a former landlord or roommate as one of your references is especially helpful, as is including your employer who can emphasize your financial stability.
After getting your references’ contact information, consider asking them to write reference letters about you that you can submit with your rental application. This way the landlord can see firsthand what type of renter you’ll be from people who know you personally. Though landlords typically follow up with references as a final step in the approval process, preemptively submitting reference letters can help you stand out.
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Create a renter’s resume
A renter’s resume can showcase your strengths as a tenant. Include your employment history, rental history, and any positive references. Highlight your financial stability and any steps you’ve taken to improve your situation since the eviction.
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Find a guarantor or co-signer
A co-signer, or guarantor on an apartment lease agreement, can also help increase your chances of being approved, even with an eviction on your record. If the co-signer is financially stable and can support you if a situation arises that requires assistance, the landlord may feel that you’re a stable renter and approve your application.
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Focus on private landlords and complexes in smaller towns/cities
Private landlords and smaller complexes may have more flexible criteria and be more willing to consider tenants with past evictions. They might be more open to personal explanations and willing to give you a second chance.
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Find eviction-approved apartments
Although most apartment locators don’t include a way to filter the search by “apartments that accept evictions,” using a location service can help you find more apartment options to expand your search capabilities. An apartment locating service may also be able to connect you with landlords who have accepted renters with evictions in the past.
In the current renter-favored market, landlords may be more willing to overlook past evictions, especially given the economic environment. There’s no harm in applying for an apartment and explaining your rental history to a potential landlord; you never know what they might allow until you ask!
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Understand rental history and background checks
It’s rare to find apartments that don’t check rental history. Landlords usually perform rental history and background checks on a renter, which is where the information about the eviction will come out. Some rental listings will specify whether the landlord requires a background check as part of the application process, so you may also want to apply filters in your housing search to find landlords that don’t require this step and may have eviction-approved apartments.
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Stay positive
A previous eviction on your record may make it more difficult to rent your next house or apartment, but it won’t be impossible. After all, evictions can happen for a wide range of reasons. If you lost your job and were evicted due to an inability to pay the rent, a landlord may be more understanding of that situation. Stay positive as you search for rentals and explain the situation to each prospective landlord. Consider eviction-approved apartments, and be transparent as you apply. It may take a little extra work, but there are landlords who are understanding and willing to work with renters with evictions.
How to get an eviction removed from your record
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Pay or settle any outstanding rental debts
Start by paying off any outstanding rental debts. This can help improve your credit score and show landlords that you are taking responsibility for past issues.
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Ask for removal of collections from credit reports
Once debts are settled, request that the property manager remove any collections from your credit report. This can help improve your credit score and make you a more attractive tenant.
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Request removal of eviction from tenant screening reports
Contact tenant screening companies to request the removal of the eviction from their reports. This can help prevent future landlords from seeing the eviction on your record.
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Dispute any inaccurate information
If there are inaccuracies on your record, dispute them with the credit bureau or tenant screening company. Provide documentation to support your claim and have the information corrected.
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Talk to your rent board or legal professionals if you want to challenge the eviction in court
Sometimes, evictions are challenged in court. Before seeking this route, please be sure to consult with legal professionals. Your local rent board may also be a great resource to help you determine if the eviction was unjust or due to circumstances beyond your control. If so, they may recommend getting legal counsel and taking the case to court to remove it from your record.
Additional tips for renting with an eviction
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Be prepared to explain the circumstances: When discussing your eviction with potential landlords, be honest about what happened. Provide a concise and sincere explanation of the circumstances that led to the eviction. Taking responsibility for any mistakes and demonstrating growth can help landlords see your commitment to being a responsible tenant.
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Seek out apartments with less stringent rental criteria: Some apartments may have more flexible rental criteria or be more lenient towards applicants with past evictions. Look for apartments in smaller buildings or privately-owned properties, as they may be more willing to consider your application on a case-by-case basis.
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Work with a rental agency or housing program: Consider working with a rental agency or housing program that specializes in assisting individuals with a history of eviction. They may have resources and connections to landlords who are more understanding and willing to give you a second chance.
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Offer to pay a higher monthly rent: Offering to pay a higher monthly rent can make you a more attractive tenant to landlords who may be hesitant to rent to someone with an eviction on their record.
Remember, the process of finding an apartment with an eviction on your record may take extra time and effort. Stay persistent, maintain open communication with landlords, and continue working towards improving your financial stability and rental history.
How do you find out if you have an eviction on your record?
To find out if you have an eviction on your record, you can take the following steps:
1. Check your credit report
Obtain a copy of your credit report from major credit reporting agencies such as Equifax, Experian, or TransUnion. Your credit report may contain information about any evictions, as well as other financial and credit-related details.
2. Contact previous landlords
Reach out to your previous landlords and property management companies. They may provide information about your rental history, including any past evictions.
3. Court records search
Visit the local courthouse or contact the civil court in the jurisdiction where you previously rented. Eviction records are usually public, and you can request information on any filings associated with your name.
4. Rental history reports
Some tenant screening services compile rental history reports. You can request a copy of your rental history report to see if there are any records of evictions.
5. Online tenant screening services
There are online services that offer tenant screening reports. These reports may include eviction history, so you can use them to check for any records associated with your name.
6. Consult with a tenant advocacy organization
If you are having difficulties obtaining information, consider consulting with a tenant advocacy organization or legal aid service in your area. They may be able to guide you on how to access relevant records.
7. Background check services
Some background check services specialize in providing comprehensive tenant background checks. You can use these services to see if there are any eviction records associated with your name.
Remember that the specific procedures and availability of information may vary depending on your location. It’s important to approach this process diligently and be aware that accessing some records may involve a nominal fee or require specific permissions. If you find any inaccuracies on your record, you have the right to dispute them and have the information corrected.
Frequently asked questions about renting with a prior eviction
What is the impact of an eviction on my ability to rent?
An eviction can significantly impact the ease with which you can find an apartment to rent, as landlords may view it as a red flag indicating a history of non-payment or lease violations.
Can I rent an apartment with an eviction on my record?
Yes, it is possible to rent with an eviction on your record, but it may require extra effort and steps to improve your application.
How can I get an eviction off of my record?
Pay or settle any outstanding rental debts, request removal from credit and tenant screening reports, and dispute inaccuracies.
What should I do if there is an inaccurate eviction on my credit report?
Dispute the inaccuracies with the credit bureau, providing documentation to support your claim.
Does an eviction hurt my credit score?
While evictions themselves don’t appear on credit reports, related debts sent to collections can negatively impact your credit score.
How do I negotiate with a landlord hesitant to rent to me due to an eviction?
Be honest about the circumstances, offer additional financial security, and provide positive references to build trust.
Ready to begin your search for an apartment that allows evictions? Search thousands of apartments on Zumper and find one that’s right for you.
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