Can I Get an Apartment with an Eviction?

Finding housing can be a daunting task, especially if you have an eviction on your record. Many people worry that a past eviction may forever hinder their ability to secure an apartment. However, while having an eviction on your record can indeed complicate the rental process, it is not necessarily an insurmountable obstacle. Below, we will explore what having an eviction on your record entails, how it affects your apartment search, and practical steps to improve your chances of securing housing.

Understanding Evictions

What Is an Eviction?

An eviction is a legal process through which a landlord removes a tenant from a rental property. This can occur for various reasons, including:

• Non-payment of rent: Perhaps the most common reason for eviction is the failure to pay rent on time.

• Violation of lease terms: This may include unauthorized pets, illegal activities, or excessive noise complaints.

• End of lease term: In some cases, a landlord may choose not to renew a lease for legitimate non-discriminatory reasons.

Evictions become part of your rental history and can affect your ability to rent in the future.

How Long Do Evictions Stay on Record?

An eviction can remain on your credit report for up to seven years. This record can be a red flag for potential landlords, signaling that you might be a risky tenant. However, several strategies can help mitigate its impact.

Strategies to Rent After an Eviction

1. Check Your Credit Report

Begin by reviewing your credit report to understand what landlords will see. You are entitled to a free copy of your credit report every year from each of the three major credit bureaus: Equifax, Experian, and TransUnion. Look specifically for any inaccuracies related to the eviction and dispute them if necessary.

2. Gather Strong References

Strong references can significantly bolster your application. Ask previous landlords (especially those you rented from without incident) or employers to provide positive references. Personal references can also help but carry less weight than professional ones.

3. Write a Letter of Explanation

Proactively address the eviction in your rental application. A letter explaining the circumstances behind the eviction can help. Keep it concise and honest, taking responsibility for any mistakes while emphasizing any steps you have taken to improve your financial situation and reliability as a tenant.

4. Consider a Co-signer

A co-signer—someone with a good credit score willing to vouch for your ability to pay rent—can alleviate landlord concerns. This person will be financially responsible if you fail to make rent payments.

5. Pay a Larger Security Deposit

Offering a larger upfront payment can mitigate perceived risks. Some landlords may be more willing to overlook an eviction record if you demonstrate financial commitment.

6. Provide Proof of Income and Employment

Ensure landlords know you can reliably pay rent by providing proof of steady income. Pay stubs, bank statements, or a letter from your employer can be convincing evidence of your financial stability.

7. Utilize Apartment Finders or Rental Agencies

These professionals specialize in helping people with problematic rental histories find housing. They often have connections with landlords willing to rent to individuals with past evictions, albeit possibly at a higher rent or deposit.

Alternative Housing Options

1. Private Landlords

Large property management companies often have strict policies against renting to individuals with evictions. However, private landlords may be more flexible, especially if you can meet their specific needs or offer upfront payment.

2. Roommates or Subletting

Consider renting a room or subletting. Being a roommate can lessen the concern an eviction might pose because the primary leaseholder bears the liability.

3. Low-income or Government-Assisted Housing

Programs like Section 8 offer alternatives for finding affordable housing, although they may also have their criteria for eligibility, including background checks.

4. Short-term Rentals

Short-term rental services such as Airbnb can bridge the gap while you search for a more permanent solution. Keep in mind these may be more costly in the long term.

Steps to Remove an Eviction from Your Record

1. Negotiate with Your Former Landlord

This is perhaps the most direct method. If you can negotiate with your previous landlord to remove the eviction from your record (often by paying outstanding debts), you'll greatly enhance your rental prospects.

2. File for Expungement

In some jurisdictions, you can request an apartment eviction expungement from your record under certain conditions. Each state has different criteria, so consult with a legal advisor to see if you qualify.

3. Wait It Out

While not an immediate solution, remember that evictions fall off credit reports after seven years. Time, combined with a diligent effort to maintain a clean record moving forward, can eventually clear your rental slate.

Frequently Asked Questions

How Can an Eviction Affect My Credit?

An eviction itself doesn't appear on your credit report but any consequential judgment, such as unpaid rent, does. These can lower your credit score and remain on your credit report for up to seven years.

Can I Be Evicted Again with Another Eviction on My Record?

Yes, if lease terms are violated or rent isn't paid, another eviction process can begin. Avoid this by ensuring you adhere strictly to your new lease terms.

Will My Employment Be Affected by an Eviction?

While an eviction doesn’t directly affect employment, a low credit score might influence jobs that require credit checks. Being upfront about past difficulties and demonstrating improvement can help.

External Resources for Assistance

• National Low Income Housing Coalition: Provides information and advocacy for affordable housing.

• Consumer Financial Protection Bureau (CFPB): Offers guidance on disputing errors on your credit report.

• Legal Aid Services: These services can provide advice or representation for low-income individuals facing housing issues, including eviction-related matters.

Navigating life with an eviction on your record can be challenging, but it is not impossible to find a new place to call home. By understanding your rights, actively improving your financial situation, and seeking out landlords willing to work with you, you can increase your chances of finding suitable housing despite an eviction.