Q&A for How to Rent after an Eviction

It all depends on where you are in the eviction process. A lawsuit is a person complaining they have suffered a loss from the action (or inaction) of another. Eviction is the process the landlord must follow to remove a tenant. If the landlord files the complaint (lawsuit), he or she must describe the (in)action (nonpayment of rent) and who caused the loss (tenant). A court date will be scheduled giving the tenant the ability to discredit the landlord's complaint in open court. Once the judge rules, the decision is final. If the judge has already ruled, typically decisions can not be revisited without overwhelming cause.

If you have unemployment to repay, they will waive that for a Chapter 7 bankruptcy. Student loans, child support. and money owed to the IRS are exempt from bankruptcy proceedings.

Typically the eviction will stay on for 7 years; however, the collections accounts may stay for upwards of 7-14 years depending on your state and its collection practices.

Find out what credit company has the eviction, then contact them and tell them this is no longer a debt. Provide proof and they will be able to remove it from their records.

You have to contact the landlord and ask them to stop the eviction. Realistically, by accepting payment, there is an understanding they will not continue future legal proceedings. They do not have to accept payment once legal proceedings have started. Even if they accept payment, they may still ask you to move out on your own accord if slow rent payment has been a common occurrence.

There is always a chance. However, instead you might clarify how your credit ended up in the state it is to begin with. For instance, if you were hurt and couldn't work for a year, that explanation may sway the decision of a landlord. This is an especially good idea if you poor credit is not the result of irresponsibility on your part.

Be honest about your situation. If you have the proof of income most places will be willing to negotiate, especially if your eviction was more than three years ago.

Yes. It will show as an eviction on your background check for 7 years even though you were never technically evicted. It happened to me. I became aware of this when I was denied on an apartment rental application. The reason stated was eviction. Late payments brought to the courts will always show as eviction whether you pay or not.

You cannot be evicted for something you did not do, even if you were about to do it, unless someone's life was at risk. Read the rental contract through thoroughly and contact a lawyer or legal aid for further support.

If there are two names on the lease, then there are two people who are responsible to perform within the terms of the contract, so both will be held to the repercussions. My advice to you is move out now. Don't let this go to eviction because once it is, you are stuck with it for 7 years. If you voluntarily vacate, you may still owe a balance, but that can be repaid, but an eviction, even if it is repaid, is there forever and will cause headaches for years.

Plain and simple, if your name was on the lease, you are responsible to pay rent. The only agreement that is going to be important is the agreement you have with your landlord. If you have a roommate and they agreed to pay $X per month and they don't, your landlord has no standing in the agreement that you made with them. If your name is on the lease, then you are equally as responsible for the entire rent.

While its not completely unheard of, you are going to have an uphill battle from the get-go. Your business relationship ended poorly last time -- why would they want to do business with you again? If you think there's a good reason, then show them. If there's nothing about your situation that has changed, then don't even try.

If it's not causing you any problems, that should be okay, as long as the landlord acknowledged that you paid on time. They can take their time cashing the check. However, if they charge you a late fee or falsely accuse you of not paying the rent on time, that is a big problem. To remove the complication, when you make a payment, ask for a copy of the payment with the receiving employee's signature and date written on the copy, so you have proof of paying on time.

No. It stays on your credit for as long as it normally would, which I believe is 7-10 years.

The short answer is, yes, but not right away. The eviction process has to be completed and then the police will serve the eviction and require you to lease. At that time you will be given a few moments to gather your belongings. Anything left behind, they will likely throw away. If you are being evicted, gather your most important belongings and asking a close friend or family member if you can store them at their home.

This all depends on the circumstances of the eviction. Evictions typically will stay on your record for between 7-10 years. There are a small number companies that will allow you to rent with an eviction on your record if you can show sufficient evidence that the party reporting the eviction has been paid in full. Some landlords will ignore an eviction if some time has passed and you provide a larger down payment. Some states will allow someone to pay rent many months in advance. In the end, there's no golden number of years, a person can be denied for an apartment with no eviction. Overall you have to show what's changed since the eviction that will prevent it from happening again.

Be honest. Tell the prospective owner or manager that you were evicted for non-payment, but that your situation has improved. Or if it hasn't, and you're changing places to get a lower rent, tell them. If you have no money for first month's rent or security deposit, that's a problem. Stay with friends or relatives until your situation stabilizes. You can also apply for government assistance if you're eligible.

This may not be on any type of "report" that you have access to. Usually the new property management company will do what is called a rental verification where you typically authorize them to talk to your previous landlord when you sign your application for your new place. They call to make sure you live there, make sure you paid rent on time, and to ask if your previous landlord would rent to you again. Depending on the details your previous landlord provided, this may be grounds for denial. The thing is, there's no standard for this, so ask for clarification, or call your old landlord and see what they told the new landlord.

Show the letter to the potential landlord and explain the situation.

In order for an eviction to be legal, the landlord must serve eviction papers. The eviction may begin with a five-day notice. You should always answer by going to court. The papers will have an index number. You can find out everything about your case with the index number. Never ignore an eviction notice. If you think you may not have seen the eviction papers, you may ask the clerk to look for your name and your landlord's name.

If you have a contract or a lease and it says your landlord will return the deposit money, it is illegal if he/she refused. If not, then it is not illegal.

You would need to see what bureau is reporting this. Typically they stop reporting after 7 years. If they are still reporting this, depending on your state and the laws there, they may not be reporting the "eviction" but may be reporting the debt you still owe them. While evictions may cycle off your credit, some debts in some states can be renewed for upwards of 14 years. Either way, dispute it with the credit bureau. They will ask the landlord for proof, if they don't yet have it. If the dispute is won, it gets removed.

This all depends on the outcome of the dispute. Typically when you dispute a debt or negative credit reporting, it may temporarily be removed from your overall credit scoring calculation pending the outcome of the dispute (which can take up to 30 days) and will state the dispute status on your report.

If he isn't on the lease he isn't protected legally and that's why he/you can be evicted. I don't know if his offense would be detrimental to your renting situation.