An eviction on your record can feel like a great weight to carry. It can make your search for a new start and place to live seem impossible. Many feel frustration, fear, or utter hopelessness.
But here’s the truth: The road may be tough ahead of you, but there are avenues that you can pursue to deal with the eviction and remove it from your record. Finding how to get an eviction off your record may seem far-fetched, but it can happen. It is within reach if you have the right information and willpower. Now, we will discuss some practical steps you can use to move forward. Read more to learn.
Main Takeaways
You can get an eviction off your record by reviewing your eviction record, understanding local laws, collecting evidence that the eviction was wrongfully done, raising a motion for sealing or expungement, and negotiating with your landlord.
Why Is an Eviction Record Important?
In a way, an eviction record does not stay in the past. Its ripple effects resonate into the future. Numerous people and property management companies in Philadelphia, PA, run background checks, and look for risk factors like evictions. Eviction records can become a huge roadblock when looking to rent a new place, trying to secure a loan, or even trying to rebuild after a tragedy. Let’s get down to why they matter and how to have eviction records expunged.
Makes it Hard to Rent a House
Eviction records matter since many landlords will be concerned about accepting you as a tenant. After all, most landlords conduct background checks that lay out your history. They could perceive your eviction as a red flag, a sign of a pattern of behavior rather than the isolated incident it could have been.
Impacts Your Credit Report
If a landlord puts your unpaid rent in the hands of a collection agency, it could put a sizable dent in your credit score. In turn, this may scare lenders away from providing you with car loans, personal loans, or even credit cards. And in the future, if you’re thinking of owning a house, getting a mortgage approval could take a while.
Can You Remove an Eviction from Your Record?
Yes, you potentially can remove your eviction record. Let’s go through situations when this might be doable:
The Landlord Didn’t Follow the Legal Eviction Process Correctly
Occasionally, there are times that a landlord does not follow the legally required eviction process. For instance, maybe the landlord did not give you adequate notice to vacate, or they failed to follow other legal procedures. If this sounds familiar, you may have a case to challenge your eviction decision. It’s worth reviewing your lease agreement and local laws to determine if you have a case for these violations.
After an Administrative Hearing Rules in Your Favor
Even if the eviction court rules in your favor, other property managers or landlords could see it on your record when they check your background. This could give them wrong impression that an eviction happened, even if the case itself was dismissed. If you did not previously ask to seal the eviction record, you may still petition the judge to do so. Of course, note that this sealing process does not equate to expunging and completely removing an eviction from your criminal record.
After the Removal HTC Expires
Although state laws can vary, eviction records usually last a period of seven years. However, you can take steps like sealing and expunging to hasten removal.
Step-by-Step: How to Address an Eviction Record
Like we said before, removing an eviction can be hard work. Still, with hard work, it may be possible. Here’s how:
Step 1: Check Your Eviction Record
Review your eviction record. Take note of the date and the court decision; check for any inaccuracies or anything that does not seem to add up. This may help you come up with some grounds or reasons to challenge the eviction.
Step 2: Understanding Local Laws and Procedures
As you work to undo an eviction from an eviction record, you must research your area’s eviction laws and procedures. Different places have different laws, so it’s necessary to research your location’s specific rules. Knowing these can help expedite matters.
Step 3: Collect Evidence
Once you establish that you were wrongfully evicted or evicted using an illegal process, then you must gather everything to establish that evidence:
- Proof you’ve paid the rent if you’re accused of non-payment.
- Notices showing that the landlord didn’t follow the correct procedures (like the required notice time before vacating)
- Landlord harassment or “self-help” eviction attempts
Stage 4: Raise a Motion for Sealing or Expungement
If you qualify to have your eviction stricken down, you will want to file a motion in court to have the record sealed or expunged. Sealing means making a system record inaccessible to other landlords or property managers. On the other hand, expungement involves removing a record from the record system, period.
Step 5: Negotiate with Your Landlord
Here, if you’ve paid any dues that caused your eviction, you might be able to negotiate a solution with your landlord. The landlord could agree to give you a letter confirming that you paid off the debt. Then, it could be scrubbed off your records.
Stop Future Evictions from Happening
Evictions are costly and time-consuming. To help prevent it from happening again, follow these tips:
Create a Stable Budget
When you’re facing regular rent payments, your number 1 consideration should be managing finances. Work out a budget in which you prioritize housing first and foremost, followed by essentials like food and utilities.
Talk to Your Landlord
When you have issues, never wait until the last minute to speak to your landlord. Inform them quickly if you’re having trouble making rent. Many landlords are willing to work out payment plans or extensions when they see you’re trying.
Get to Know Your Lease
As they say, ignorance is not a defense. So, you must do your due diligence to avoid falling into accidental lease violations.
Moving On After an Eviction
Now that we have answered how to get an eviction off your record, it’s time to move forward. By following the right steps, you can remove it and move forward with a clean slate. It may take some time and effort, but with determination and the right guidance, you can regain control of your future and start fresh in your search for a new home.
At Bay Property Management Group, we consider all applicants equally. Eviction histories are just one of the factors we look at when we determine someone’s qualifications. So, look at our listings today to find your potential new home.