How Long Do Evictions Stay On Your Record In Texas?
Getting evicted can be a stressful and challenging experience. Perhaps you’ve found yourself facing eviction or have gone through the eviction process in the past. Now you may be wondering – how long will this eviction stay on my record in Texas? Will it impact my ability to rent in the future? This comprehensive guide will provide the answers.
If you’re short on time, here’s a quick answer to your question: An eviction can stay on your record in Texas for 7 years if it resulted in a judgment against you. However, a dismissed eviction case with no judgment would not appear on your record at all.
Background on Eviction Records
Eviction records can have a significant impact on a person’s ability to find housing. If you’ve ever been evicted from a property in Texas, you may be wondering how long that eviction will stay on your record. Understanding the background of eviction records can help shed some light on this question.
What is an eviction record?
An eviction record is a documentation of a legal action taken by a landlord to remove a tenant from their property. It can include details such as the reason for eviction, the date it occurred, and any court proceedings that took place.
Eviction records are public records and can be accessed by landlords, property managers, and other relevant parties.
Where do eviction records come from?
Eviction records are typically filed with the local county courthouse where the eviction took place. These records are then compiled into a database that can be accessed by interested parties. In Texas, eviction records are maintained by the Justice of the Peace courts in each county.
How do landlords check eviction records?
Landlords and property managers in Texas have various methods of checking eviction records. One common method is to conduct a background check on potential tenants, which includes searching for any eviction records.
Landlords can also request eviction records directly from the county courthouse where the eviction occurred.
It’s important to note that eviction records are not always a definitive reflection of a tenant’s character or reliability. There may be circumstances beyond a tenant’s control that led to an eviction.
Nonetheless, landlords often use eviction records as a way to assess a tenant’s rental history and make informed decisions about leasing their property.
If you’re concerned about an eviction record on your record, it’s a good idea to familiarize yourself with the specific laws and regulations in your state. Consulting with a legal professional can provide you with the guidance and support needed to navigate this complex issue.
How Long Do Evictions Stay on Your Record in Texas
When facing an eviction, one of the concerns that tenants often have is how long the eviction will stay on their record. In Texas, the length of time that an eviction stays on your record can vary depending on certain factors.
Evictions resulting in a judgment will remain for 7 years
If an eviction case results in a judgment against the tenant, it will typically stay on their record for a period of seven years. This means that the eviction will be visible to landlords, property managers, and potential creditors during that time.
It is important to note that this information can impact a tenant’s ability to secure new housing or obtain credit in the future.
According to the Texas Property Code, Chapter 24, Section 24.005, a judgment for possession of real property may be reported to consumer reporting agencies, which can affect a tenant’s credit score and overall creditworthiness.
Dismissed evictions without judgment don’t go on record
On the other hand, if an eviction case is dismissed without a judgment being made against the tenant, it typically does not go on their record. This means that the eviction will not appear in background checks or show up on credit reports.
However, it’s important to keep in mind that even if an eviction is dismissed, the fact that there was a legal action filed against the tenant may still be disclosed by certain sources, such as rental history databases or public records searches.
Sealed eviction records can be hidden
In some cases, tenants may have the opportunity to have their eviction records sealed. When records are sealed, they are effectively hidden from public view, including potential landlords or creditors.
However, it’s important to note that the process of sealing eviction records can be complex and may require legal assistance.
If a tenant successfully seals their eviction records, it can provide them with a fresh start and allow them to move forward without the hindrance of a past eviction on their record.
It is always advisable for tenants to consult with legal professionals who specialize in landlord-tenant law to fully understand their rights and options when it comes to evictions and their impact on their record.
Understanding the laws and regulations surrounding evictions in Texas can help tenants make informed decisions and take appropriate action to protect their rights and future housing opportunities.
Removing an Eviction from Your Record
Wait for the 7-year period to expire
If you have an eviction on your record in Texas, one option is to simply wait for the 7-year period to expire. In Texas, evictions typically stay on your record for 7 years. During this time, it may be more difficult to rent a new apartment or secure a mortgage.
However, once the 7-year period is up, the eviction will be removed from your record and no longer appear in background checks.
Negotiate with your landlord
If you are still in contact with your previous landlord, it may be worth reaching out to them to discuss the possibility of having the eviction removed from your record. While not all landlords may be open to this, some may be willing to work with you, especially if you have since rectified the situation that led to the eviction.
It can’t hurt to have a conversation and see if there is a possibility of reaching an agreement.
File a petition to seal eviction records
In some cases, it may be possible to file a petition to seal eviction records in Texas. This process involves going to court and providing evidence of extenuating circumstances or other reasons why the eviction should not be held against you.
If the court approves your petition, the eviction will be sealed and no longer appear in background checks. It is important to consult with a legal professional to understand the specific requirements and procedures for filing a petition to seal eviction records in Texas.
It’s important to note that removing an eviction from your record can be a complex process and may not always be successful. Each situation is unique, and the outcome will depend on various factors such as the specifics of the eviction, the willingness of your previous landlord, and the legal options available in your state.
It’s always best to consult with a legal professional to fully understand your rights and options.
Renting Again After an Eviction
After going through the difficult experience of an eviction, finding a new rental property may seem like a daunting task. However, it is important to remember that an eviction does not have to define your future housing options.
Here are some steps you can take to increase your chances of renting again after an eviction:
Be upfront and honest with landlords
When applying for a new rental property, it is crucial to be upfront and honest about your eviction history. Trying to hide this information may lead to more problems down the line. Landlords appreciate honesty and transparency, so explain the circumstances that led to the eviction and what you have done to rectify the situation.
This can go a long way in building trust with potential landlords.
Provide references and proof of income
In addition to being honest about your eviction, providing strong references and proof of income can help landlords see that you are a responsible tenant. Reach out to previous landlords who can vouch for your reliability and ability to pay rent on time.
Additionally, having solid proof of income, such as pay stubs or bank statements, can demonstrate to landlords that you are financially capable of meeting your rental obligations.
Look for landlords that allow evictions
While it may be challenging, there are landlords who are willing to rent to individuals with an eviction on their record. These landlords understand that everyone deserves a second chance and may be more lenient when considering rental applications.
Consider searching for rental listings that explicitly state they accept tenants with evictions or reach out to local housing agencies for assistance in finding such landlords.
Improve your credit score and payment history
One way to mitigate the impact of an eviction on your rental prospects is to work on improving your credit score and payment history. Paying bills on time, reducing debt, and disputing any inaccuracies on your credit report can gradually improve your creditworthiness.
Building a positive payment history over time can make you a more attractive candidate for future landlords.
Remember, finding a new rental after an eviction may take some time and effort, but it is not impossible. Stay positive and proactive in your search, and be persistent in demonstrating your commitment to being a responsible tenant.
With time, patience, and the right approach, you can find a new place to call home.
Other Ways Evictions Can Impact You
Difficulty finding housing
Having an eviction on your record can make it significantly more challenging to find a new place to live. Many landlords and property management companies conduct background checks on potential tenants, and an eviction can be a red flag for them.
They may be hesitant to rent to someone with a history of eviction, as it indicates a higher risk of non-payment or property damage. This can limit your options and make it harder to secure a new home.
Ineligibility for some apartment complexes
Some apartment complexes have strict policies regarding evictions and may automatically disqualify applicants who have been evicted in the past. This means that even if you meet all the other criteria, your eviction could prevent you from being approved for certain housing options.
It’s important to research the policies of potential apartment complexes before applying to ensure that you are eligible.
Higher security deposits
Even if you are able to find a landlord or property management company willing to rent to you despite your eviction, they may require a higher security deposit. This is because they perceive a higher risk associated with renting to someone with a history of eviction.
The increased security deposit serves as a form of protection for the landlord in case of any potential issues. This can be a financial burden, as it requires a larger upfront payment.
Negative impact on credit
An eviction can also have a negative impact on your credit score. If your landlord decides to pursue legal action to collect any outstanding rent or damages, they may report the eviction to credit bureaus.
This can result in a decrease in your credit score, making it more difficult to obtain loans, credit cards, or favorable interest rates in the future. It’s important to address any financial obligations related to the eviction to minimize the impact on your credit.
Conclusion
Getting evicted in Texas can negatively impact your rental prospects for years to come. While eviction judgments remain on your record for 7 years, taking proactive steps to improve your application and being upfront with landlords can help overcome this challenge. With time and effort, you can eventually move past the eviction and establish positive rental history again.
