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(SOLVED) How Do You Get An Eviction Off Your Rental History?

If the basis of the eviction was for nonpayment of rent, the tenant will owe the past due rent plus interest 😎 In order to clear the judgement, the tenant will need to pay the back rent, plus interest, and other court costs and fees 😎 If the basis of the eviction was for some other issue, there are still costs and fees accruing that the tenant may be obligated to pay 🤓 The goal is to negotiate a deal that works for both the landlord and tenant. Once all parties have come to an agreement, a stipulation will be drafted by the tenant lawyer or nonprofit advisor that details the agreed upon terms [1]
Removing an eviction from your public record actually isn’t that difficult. If you have an eviction record that will show up in your background check, you can petition the court in the county where the case was filed to have the record expunged, or sealed. This typically requires filing a petition with the court and paying a filing fee (fees vary widely by state – contact the county court for an exact amount). Your chances that a judge will agree to expunge a case are higher if the’s having case done not result in an eviction. If you still have an outstanding balance from an eviction case, you should pay the balance before petitioning the court for an expungement. [2]
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Based around further reading from myrentalhistoryreport.com, win your case: The best way to have an eviction expunged from your record is to vigorously challenge the case in court. An eviction case should be dismissed if a tenant can prove the landlord’s eviction order was sufficiently without basis in fact or law. One suggested tactic is to prove retaliation. Perhaps the furnace fried while you were renting the property in question or maybe your landlord blew a fuse after a pet wrecked a new carpet. Proving that an eviction case was initiated as retaliation for a tenant’s action should result in a judge dismissing the case and the eviction being expunged. (revised by Denee Corey on November 11, 2020) [3]
As stated by the analysts at oflaherty-law.com, in their due diligence, a great majority of landlords will perform a background check on potential tenants. A background check includes a credit report and a copy of the applicant’s public record. Whether you were evicted in the past for a good reason or the eviction is false isn’t designated on your public record and credit report; the landlord will simply see that you have an eviction. An eviction stays on your credit report for seven years and may remain on your public record indefinitely in many states. However, there are methods to remove an eviction from your records, whether false or legitimate. (many thanks to Orin Skelton for telling us). [4]

Article References

  1. https://www.tobenerlaw.com/how-to-get-evictions-off-your-record/
  2. https://www.myrentalhistoryreport.com/blog/eviction-notices/public-eviction-records-everything-you-need/
  3. https://www.myrentalhistoryreport.com/blog/checking-your-rental-history/three-tips-to-expunge-an-eviction-from-your-record/
  4. https://www.oflaherty-law.com/learn-about-law/false-eviction-removed-from-credit-record
Kelly-Anne Kidston

Written by Kelly-Anne Kidston

I am a writer of many words, from fiction to poetry to reviews. I am an avid reader and a lover of good books. I am currently writing my first novel and would love to find some beta readers who are interested in getting an early look.

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