Does your rental history follow you from state to state? What about eviction history? If you have an eviction can you still rent in another state or do landlords across the nation have access to your records?
If You Have An Eviction Can You Still Rent In Another State 2024?
Even after an eviction, you can rent in any state if you find a landlord willing to accept your rental history.
While many landlords run background checks and refuse to rent to individuals with recent evictions, some landlords offer second-chance rentals.
See more: Can You Be Evicted For Having A Felony?
See more: Can You Be Denied Housing For Pending Charges?
Tenant acceptance criteria for second-chance rentals vary. To secure a second-chance rental you may need to:
- Pay off any debt connected to your eviction
- Provide a cosigner or guarantor who will pay the rent if you default
- Offer a larger security deposit, or several months’ rent in advance to help alleviate a landlord’s concerns
- Accept a month-to-month lease which carries less risk for a landlord
Do Evictions Follow You From State To State 2024?
Yes, they do. Unfortunately, moving to a different state doesn’t let you start over with a clean slate.
So how do evictions show up in different states?
Eviction orders issued by local courts are public records. These records are available nationwide to landlords in any state carrying out rental background checks on prospective tenants.
Even if you moved out before the court hearing and didn’t have an eviction judgment issued against you, the eviction filing itself will still be a red flag to a prospective landlord.
A comprehensive tenant background screen includes a public record search for eviction filings and eviction orders, while a basic background check only looks for criminal records.
Large apartment communities, property management companies, and experienced landlords usually opt for a comprehensive report.
Unless you’ve had the eviction record expunged, the eviction filing and the related judgments for unpaid rent and possession will follow you no matter which state you relocate to.
Record expungement is a legal process that removes court records from public view. When you’re hunting for a new home, an expunged eviction record will not show on background checks.
How Long Do Evictions Show Up In Other States?
An eviction is a civil judgment. The federal Fair Credit Reporting Act (FCRA) which governs consumer reports issued by third parties, allows civil judgments to be reported for 7 years from the date of the judgment.
This means background-checking agencies can’t report your eviction once the judgment is 7 years old unless the landlord asks the court to renew the judgment (if money is still owed).
A landlord making a personal search of courthouse records isn’t bound by the FCRA, though. Court records are usually available to the public indefinitely unless the record has been sealed or expunged.
Do Evictions Show Up In Other States If A Court Wasn’t Involved?
Tenants often confuse lease terminations and evictions, but it isn’t an eviction because a lease termination doesn’t involve a court order.
A lease termination is a private matter between you and your landlord. Since there isn’t a civil judgment, a public records search won’t find an eviction record.
If you received a notice to vacate (notice to quit) from your landlord and left by the date given in the notice, your lease was terminated, and you weren’t officially evicted.
A prospective landlord can still find out about a lease termination if they contact your previous landlords for rental references, though. Debt associated with unpaid rent could also appear on your credit report.
Does Rental History Follow State To State 2024?
Personal information (credit reports, criminal records, and civil judgments) is shared across state boundaries.
Background-checking agencies have access to national databases and records from all 50 states. This data is used to compile comprehensive reports for prospective landlords.
Landlords obtain your rental history in a couple of ways:
- Through information obtained about your credit history during the background check
- By contacting previous landlords listed on your application
Information In Your Credit Report
Corporate landlords and many private landlords using property management companies or rent payment services, report late rent payments to credit bureaus when the rent is 30 days past due. These missed payments will show on your credit report.
Rental debts sent to a collection agency may also be reported to credit bureaus and appear on your credit report.
To find out if late or unpaid rent shows on your credit report, order copies of your credit report from each credit bureau – Experian, Equifax, and TransUnion.
You’re entitled to a free credit report from each agency once a year. The Federal Trade Commission lists 3 ways to get your free reports.
- Order your reports at https://www.annualcreditreport.com/
- Call 1-877-322-8228
- Complete and mail the form at https://www.consumer.ftc.gov/sites/www.consumer.ftc.gov/files/articles/pdf/pdf-0093-annual-report-request-form.pdf
References From Your Previous Landlords
Prospective landlords may contact your previous landlords to obtain rental references. Common questions asked include:
- Did they pay rent on time?
- Did they cause any damage to the property?
- Were there any complaints from neighbors?
- Did they give proper notice to vacate?
- Would you rent to them again?
How To Get An Eviction Off Your Record in 2024
To get an eviction removed from your record, you may be able to petition the court that entered the eviction judgment against you and have your record expunged.
If you’re successful, the eviction record won’t be available to landlords or background-checking agencies in any state. You can also answer “no” to the rental application question asking if you’ve ever been evicted.
Check the law in your state or contact a housing rights organization to find out if your eviction is eligible for expungement, and what to do next.
Nathan Rodgers is the Co-Founder, Author, & Head Developer behind Felonhousing.com | Join us in our mission to provide second chances and support.