How Long Does an Eviction Stay on Your Record?

An eviction typically doesn’t show up as its own line item on your credit report. But it can sit on your tenant screening report, the rental background check landlords actually run, for up to seven years from the day the case was filed, even if it was dismissed. And it can appear in the court file indefinitely unless your state lets you seal it.

Those are three different records with three different clocks, and the one that hurts your rental applications isn't the one most people worry about.

How long does an eviction stay on your record?

Eviction on your credit report

An eviction doesn’t appear as a line item on your credit report, but unpaid rent can reach it another way.

Many evictions are filed because a tenant stops paying rent. If your unpaid rent balance went to collections, it could stay on your credit report for seven years from the first missed payment.

If you declared bankruptcy because you fell behind on rent, your eviction could indirectly harm your credit for even longer: Chapter 7 bankruptcy stays on your credit report for up to 10 years, and Chapter 13 generally comes off after 7.

Eviction on your rental history or tenant screening report

A tenant screening report isn't just an eviction check. Screening companies typically bundle several things into one report: your credit history and score, rental payment history, identity verification, income and employment checks, and a criminal background search. Some add a risk score built for landlords, similar to a credit score.

Eviction records can stay on your tenant screening reports for up to seven years from the filing date. However, if you owed money to your past landlord and that debt ended up being discharged in bankruptcy, the information may stay there for up to 10 years.

Ask the screening company for your report. The CFPB lists which companies offer free copies and how to reach them.

‍If you're considering bankruptcy, talk to someone first.
‍Bankruptcy is a complex legal process, and the details that matter most are specific to you: which chapter you'd qualify for, what property you'd keep, and which debts wouldn't be discharged.

A licensed bankruptcy attorney can tell you where you actually stand, and cost doesn’t need to be a barrier: legal aid may be able to help for free if you qualify by income. A nonprofit credit counselor can also review your situation and walk through the alternatives, and the National Foundation for Credit Counseling offers free or low-cost counseling at 800-388-2227.

Eviction court records

The eviction process goes through the courts, so it’s a public record. The Fair Credit Reporting Act limits what screening companies can report. It doesn't limit how long the court keeps the file. In many jurisdictions, the case file stays available indefinitely unless it's sealed, which limits who can see it, or expunged, which removes it from the court's records.

Accessibility varies. If your jurisdiction makes court records searchable online, it might be easy for landlords (and anyone else) to find out about your eviction.

Some states allow you to seal or expunge eviction court records. Some also prohibit landlords from making rental decisions based on eviction information found in court records.

Read more >> What the CFPB Says About Rent Reporting to Credit Bureaus

How an eviction affects your ability to rent

While screening reports flag the court filing, they don’t always show how the case ended. So a case you won can look a lot like a case you lost, and many landlords won’t look past either one.

Smaller, private landlords may be willing to work with you if you explain what happened and provide recent pay stubs, a bank statement showing rent you’ve paid, or a reference from a landlord you’ve had since. Ask what they'll accept before you pay a nonrefundable application fee.

Larger property management companies are harder, because the screening decision is often automated. It's worth asking whether they have an exception process and what documentation it takes.

Read more >> How to Pay Rent When You Can’t Afford It

How to remove an eviction from your record

If the record is accurate and your state doesn't allow sealing, waiting may be your only option.

Dispute inaccurate information

If the eviction information on your record isn’t correct, dispute it directly with the screening company that produced the report. It’s required to investigate it again, generally within 30 days.

Pull the docket from the court that heard the case, plus the dismissal order or stipulation, and send it to every company that reported the old version. Correcting one company's file doesn't correct the source data, so expect to repeat it.

Ask your former landlord to agree to a dismissal

If you still owe rent, it can be worth asking whether the landlord will agree to a stipulated dismissal or won't oppose a motion to vacate the judgment in exchange for payment. What they can't do is delete the entry from a screening report: Screening companies pull evictions from court records, so only the court can change what's there.

Get any agreement in writing before you pay, and have an attorney or legal aid look at it first. In some states, a partial payment restarts the period during which the landlord can sue you for the rest.

Wait for it to fall off

Removing an eviction from your record isn’t always possible. Sometimes, your best option will just be to wait for it to age off your tenant screening report.

Read more >> Do Evictions Show Up on Your Credit Report?

Bottom line

An eviction can follow you for seven years on tenant screening reports and longer in court files.

What you can change is what the next landlord sees alongside it. Rent you pay from there doesn't show up on your credit report unless something reports it.

Kikoff's rent reporting sends your on-time rent payments to Equifax and TransUnion, so the months after the eviction build a record instead of leaving a gap. It's included with any plan, starting at $5 a month, with no credit check.