Bankruptcy
Bankruptcy intertwines with eviction records, affecting one’s financial history. While bankruptcy primarily addresses debt relief, it can indirectly influence housing stability. Filing for bankruptcy may delay or prevent eviction proceedings, invoking an automatic stay that temporarily halts collection actions, including evictions.
However, the outcome depends on the bankruptcy chapter and individual circumstances. Chapter 7 might discharge rental-related debts, offering a fresh start but potentially leaving the eviction record intact. In Chapter 13, a repayment plan example could help catch up on missed rent payments, potentially mitigating eviction consequences. Understanding these dynamics is crucial for individuals navigating financial challenges and housing instability.
It is also never too early for children to understand what they will face once they attain their own responsibilities, as parents we want our children to grow up knowing what they may face as adults, which is why we need to know how to teach kids about bankruptcy at an early stage.
If you were recently evicted or are currently facing possible eviction, you might have many questions concerning your future. One of the biggest questions we see is how long the eviction can stay on your record. Evictions can have a big impact on your ability to rent apartments, houses, and more. So, the longer your eviction record is public, the longer it will affect you. This article will take a look at how long an eviction can stay on your record, how that can affect you, and how you can get it taken off. Keep reading to learn more.
How Long Can An Eviction Stay On Your Record?
Before we get started, it’s important to clarify something. An eviction is NOT put on your credit report. An eviction is a matter of public record and will be seen by anyone looking at your record. However, just because an eviction is not on your credit report does not mean your credit score won’t be affected. We will take a look at that later on.
First, let’s look at how long an eviction can stay on your record. Legally, the maximum amount of time an eviction can stay on your record is 7 years. There is a possibility that you can have your eviction removed from your record. However, in most cases, the eviction will follow you around for 7 years.
Interestingly, there are two different forms of evictions that can be listed on your record. The first is an eviction judgment. This is when a landlord files an eviction lawsuit against you and wins. The court will then order you to vacate the premises and you will no longer be a resident of that dwelling. The second kind of eviction that can show up on your record is an eviction filing. All this shows is that an eviction was filed against you.
Unfortunately, many landlords do not distinguish between the two. In many cases, even if the filing against you was fraudulent or done in an inappropriate situation (i.e. if you weren’t behind on payments, or if a landlord simply didn’t want you living there anymore), many still won’t allow you to rent. This is an unfortunate practice that can keep many out of secure housing situations that they otherwise would be eligible for. But what are some reasons that you might get evicted? Let’s take a look.
How Do You Get Evicted?
There are a few different reasons why you might get evicted. Here are just a few of the reasons:
- Refusal to pay rent
- Causing damage to the property
- Endangering or harassing other tenants
- Not leaving once your lease is up
- Violent crimes or drug activities done in the dwelling
While this is not an exhaustive list, it does include the most common reasons why individuals are evicted from their housing.
If you are in the process of being evicted make sure you remember your rights as a tenant. Before your landlord files a lawsuit, they must first give you notice. This notice must be given at least three days before they file. Once those three days are up, they can then file the lawsuit. Once the lawsuit is filed, the court will decide whether or not to evict you. If they move to evict you, then you will be expected to vacate the dwelling. If you refuse, then the landlord has the right to get law enforcement involved. They will be able to physically remove you from the premise.
So, other than losing the place you were staying, how does an eviction affect you? There are many ways, let’s take a look at them.
How Does An Eviction On My Record Affect Me?
In some cases, the reason for eviction matters more than the eviction itself. However, in other cases, it doesn’t matter why you were evicted, it just matters that you were. Let’s take a look at some of the most common ways you can be affected by an eviction on your record.
New Rental
Obviously, if you were evicted from the last place you lived, you likely need to find a new place to live. Unfortunately, as mentioned earlier, almost every rental property in America requires a background check or renter history check. Because of this, your potential landlord will be able to see that you were recently evicted (assuming it is within the 7-year time period).
This is an instance where it doesn’t really matter why you were evicted. Regardless of the reason, the landlord is going to see the eviction judgment or filing and likely pass you over in favor of someone without any evictions on their records. In many cases, landlords would even rather have their property vacant than rent it out to previously evicted tenants. Because of this, it is likely going to be very difficult to find a new place to rent. There are some properties that specifically work with individuals trying to recover from financial hardship. However, it will still be hard to find a place to rent.
Applying For Loans
Again, evictions are a matter of public records. So if you decide that you want to apply for a loan for a new house or car, a check will be run on your record. For some lending agencies, an eviction is an automatic disqualifier for a loan. This means you might have trouble getting a loan for something large like a house or car.
Credit Score
This depends on why you were evicted. If you were evicted for something like disturbing the peace or a lapsed contract, it’s likely that you won’t see a dip in your credit score. However, if you were missing payments on your lease, then your landlord might consider selling the debt to a debt collection agency. If this happens, then the missed payments will be reported on your credit report which will cause your score to drop. The drop can be from 80-150 points, depending on how severe your missed payments were.
How Can I Recover From An Eviction On My Record?
Unfortunately, there aren’t a ton of options for getting your eviction removed from your record. There are a few things you could try to do. Consider doing one (or all) of the following:
- Agree to fully pay back your landlord in exchange for having your eviction removed from their tenant screening reports. This might make it easier to rent after eviction. Do note that this does not pull the eviction from your public record. If future landlords also look at that, they will still see the eviction.
- Dispute the eviction in court. If you believe that you were wrongly evicted on an illegal basis (due to race, sex, ability, etc.), then appeal that decision in court. If you win, you will likely have the eviction removed from your record.
- Get help with state-sponsored programs. Many states have programs that can help evicted residents get back on their feet. These programs vary from state to state, but many of them seal the record of the eviction so that future landlords cannot see the previous evictions.
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