How to Remove Eviction

Shelter is one of the necessities of life besides food and water. That is why it is so important to have a home. However, until you fully own your property and don’t owe anyone money, you deal with the risk of eviction. No one wants to deal with the eviction process and many don’t understand the repercussions that go along with it.

Understanding What it Means to Be Evicted

An eviction is defined as, “the civil process by which a landlord may legally remove a tenant from their rental property.” Basically, an eviction happens when the owner of the property (whether a landlord, bank, or other lease master) removes a tenant from their dwelling by changing the locks, removing the resident (and their belongings) from the property, etc. However, the lease master cannot evict a tenant unlawfully. They must follow the legal structure around the eviction process.

What is the Eviction Process?

The eviction process varies by state. Regardless of the state that you are in, there will be in-depth legislation around how evictions work. There are different ways to handle different situations and all of this depends on the state you are in.

However, there are some general rules that are typically applicable no matter where you go:

  • 1st Step: A Notice of Eviction
  • 2nd Step: Going to Court

1st Step: A Notice of Eviction

There are three major types of eviction notices. These notices vary by state but all result from tenant issues:

  • Pay Rent or Quit Notices: These notices are usually in regards to those who have not paid rent.
  • Cure or Quit Notices: If the tenant violates the lease they have 7 days to cure the violation or they will be subject to eviction.
  • Unconditional Quit Notices: This is the most severe notice. This orders the tenant to be evicted with no chance to pay the rent or amend the lease violation.

2nd Step: Going to Court

Sometimes tenants may receive an eviction notice but still refuse to leave. If this is the case then the lease master will need to begin an Unlawful Detainer lawsuit. This lawsuit serves the tenant with a court summons and complaint for eviction.

If the judge (not to be confused with a court clerk) decides the lease master wins the case then they will get a written court order for the eviction. It is also important to note that within typically 30-60 days, the judgement that was entered will be visible on your public record.

How Long Does an Eviction Stay on Your Record?

Luckily, just like collections on your credit report, they should typically be visible for seven years. However, there have been some people who have seen an eviction stay on their public record forever.

How Does an Eviction Impact Your Credit Score or Credit Report?

Now that you better understand the eviction process, you can begin to understand what an eviction means for your credit score. It’s a common misconception that the eviction will go onto your credit report. While the eviction itself will not go onto your credit report, the reason for the eviction might. A lot of evictions stem from the tenant not paying rent or having other money issues. Unpaid rent, damage to the property, etc., can be reflected to credit bureaus on your credit report.

If you have debt that goes to collections, you may see your score impacted by hundreds of points. Luckily, the impact of these collections don’t stay on your credit report forever. The impact they have will be less and less over time until they eventually fall off your credit report after 7 years.

You can dispute unpaid debt that has gone to collections that are on your credit report. The best way to do this is by getting in touch with one of the major credit bureaus and starting the dispute process there.

How to Remove Eviction Records

There are a few different ways that you can remove an eviction from your public record. It’s a daunting process that can be a little complex but many people feel it is worth it! A couple ways you can do this include:

  • Petitioning the Court
  • Winning a Case

Petitioning the Court

You can petition the court in the county where the case was filed. When you petition the court you may be able to have the eviction expunged from your public record.

Winning a Case

You should make sure that your lease master handles the eviction process within their legal right. If they have a faulty case, can’t prove that you broke the lease, or handled the eviction illegally then you may be able to win a case against the lease master.

Commonly Asked Questions

The eviction process is very scary to deal with. That is why there may be some questions you have that others have had as well.

How to Avoid an Eviction Record?

The best way to avoid an eviction is to do so before the eviction process starts. As long as you don’t violate lease terms, and pay rent on time, then you shouldn’t have to deal with any eviction issues. However, if the eviction process has already started then you will want to talk to a lawyer and get in touch with your landlord. A lawyer can provide legal advice while your landlord may be able to provide flexibility for your situation.

Can You Rent if You Have an Eviction Record?

If you have an eviction record, then landlords will be able to see it. This can hurt your chances of approval but it doesn’t mean you are out of luck. You can still rent even if you have an eviction record! You can also be proactive when looking for your next place to rent by getting in touch with the tenant screening company of the property you want to move to. The tenant screening company can tell you if the eviction is showing up on your record.

What is a Tenant Screening Company?

This type of company is the one that conducts a tenant screening report. This report looks at the financial and rental pasts of potential tenants once they submit a rental application. These reports will be ones that show your eviction history.

What are the Three Major Credit Bureaus?

There are plenty of different credit bureaus but the three major credit bureaus are Experian, Transunion, and Equifax.

Overall

If you are dealing with eviction, you are not alone. The eviction process can be stressful to deal with, but there are ways that you can better manage it. If the eviction process hasn’t started yet then you should talk to your landlord to see if you can come up with a way to avoid the eviction.

If not, you may have to go to court and deal with an eviction on your public record. You may also see a negative impact on your credit score if any unpaid debts are marked on your credit report. Luckily, there are ways that you can handle an eviction, and you may be able to get the unpaid debts removed from your credit report and the eviction expunged from your public record. Your situation may not be as hopeless as it feels!

Article References

https://www.investopedia.com/terms/e/eviction.asp

https://www.investopedia.com/terms/l/landlord.asp

https://www.investopedia.com/terms/l/lessee.asp

https://www.rentcafe.com/blog/expert-interviews/expert-interview-unlawful-detainer/

https://www.experian.com/blogs/ask-experian/how-long-does-eviction-stay-on-report/

https://www.avvo.com/legal-answers/how-many-years-does-an-eviction-stay-on-tenant-s-r-5046054.html

https://www.lexingtonlaw.com/blog/negative-items/how-long-does-eviction-stay-on-your-record.html

https://www.avail.co/education/articles/what-is-a-tenant-screening-report-and-how-much-does-it-cost

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