The Lasting Impact of Eviction: Legality and Landlord Practices
Eviction records play a significant role in the lives of many individuals. Even after a significant period has passed, these records can haunt individuals, affecting their ability to find new housing. This article discusses the duration of eviction records, their impact on credit checks, and the practices of landlords in the modern era.
Eviction Records Duration: From Seven to Twenty-Five Years
The duration of an eviction record has evolved over the years. Traditionally, evictions were recorded for seven years. However, in recent years, there has been a noticeable shift. Now, eviction records from as far back as twenty-five years ago can be found on credit checks. This transformation is largely due to advancements in technology, making it easier for credit bureaus to access and retain such records.
Impact on Public Records
Eviction records are categorized as public records. They are kept by county governments and can be accessed by future landlords. If an individual is evicted, the record is typically kept for life, regardless of their current residence.
How Landlords Use Eviction Records
Landlords have varying practices when it comes to checking eviction records. While a significant number of small landlords do not conduct extensive background checks, the situation changes when dealing with institutional landlords. These landlords are more likely to perform thorough vetting processes, including checking public records.
Landlord Screening Practices
I, as a landlord, follow a specific process to screen potential tenants. My questions on the application form are designed to get to the heart of the applicant's honesty and trustworthiness. For instance, I will consider an eviction from four years ago more leniently than one that is recent and unexplained. Honesty is paramount, and a transparent history can often lead to a positive outcome.
While it is crucial to be honest, there are instances where individuals hide past issues. The easiest way to be rejected is to lie about past evictions or criminal history. Conversely, those who accurately list their past residences can find more leeway. Institutional landlords, particularly those targeting middle-class or above applicants, rely on credit checks from credit bureaus. These credit checks, while not as comprehensive as public record checks, are still valuable tools for landlords.
Expunging Eviction Records: A Possibility
Depending on the state and local laws, individuals may have the option to have their eviction records expunged after a significant amount of time has passed. This process can vary widely, but it offers hope for those looking to move beyond past issues.
Legal Options for Expungement
In states where it is possible to expunge eviction records, a petition may be filed after a certain period has elapsed. This process is generally more favorable for non-violent offenses. Each state has its own set of guidelines and timelines, so it is essential to research the local laws to understand the options available.
Conclusion: Balancing Past and Present
Eviction records can have a lasting impact on an individual's life, but it is not an insurmountable obstacle. By understanding the duration of these records, the practices of landlords, and the potential for expungement, individuals can navigate the challenges presented by past issues.
Whether you are a landlord or a tenant, it is important to approach the issue of eviction records with a nuanced understanding. Honesty, transparency, and the willingness to learn from past mistakes are key to moving forward.
Keywords: eviction record, public record, credit check