How to move on after an eviction

Past evictions can make it hard for people to secure new housing, said Ariel Nelson, a staff attorney at the National Consumer Law Center.

“Some landlords automatically deny applications based on eviction records regardless of outcome or context,” Nelson said.

To begin, there are typically two places the former eviction could show up on your record, said Marie Claire Tran-Leung, a senior staff attorney at the National Housing Law Project.

It can be part of public record at the courthouse where the eviction was filed, and it may show up on a tenant screening report compiled by a third-party company that services landlords.

Depending on where you live, you may be able to get the public record of your eviction sealed, Tran-Leung said.

For example, in Oregon, tenants can ask the court to expunge eviction records where the tenant prevailed or where the case concluded more than five years ago. Illinois passed a law last year allowing many evictions to be sealed if they took place before or during the public health crisis.

More states could follow suit: The American Bar Association recommended this month that more courts seal eviction records where the case is still being decided or was dismissed.

Try to find out, perhaps with your local legal aid office, if your state or county has any such laws. If it doesn’t, it’s still worth asking the court if it would expunge or seal your record, advocates say.

Some judges will do so on a case-by-case basis.

When it comes to the tenant screening report, there are instances in which you can try to challenge the mark against you, Nelson said.

“If the eviction record has been sealed but is still showing up on a tenant screening report, the person should dispute the information,” Nelson said. “Additionally, the Fair Credit Reporting Act prohibits the reporting of eviction records that are more than seven years old.”

You then have the right to request a free copy of the report from the tenant screening company the property owner used. The landlord who denied you is obligated to tell you the screening company’s name, address and phone number.

Meanwhile, in some jurisdictions, landlords face limitations on rejecting applications because of an eviction, Tran-Leung said.

In Philadelphia, for example, landlords can’t have a blanket policy of denying people because of a former eviction. Property…