There are a few different ways to look up public eviction records for free, including searching court cases online, visiting the courthouse, or even contacting prior landlords.
Why Does an Eviction Record Matter?
Many landlords rely on eviction record reports as part of their tenant screening process. Tenants should also know their own eviction record so they can address the issue head-on with prospective landlords.
A Screening Tool for Landlords
Landlords often use an eviction records report as a screening tool to weed out undesirable applicants. However, landlords can find records of eviction cases that didn’t actually result in an eviction in these circumstances:
- The case could have been dismissed because the landlord didn’t pursue it, documents weren’t served correctly, or it was settled out of court.
- A judge could have ruled in the tenant’s favor, letting them remain in the rental unit.
- The landlord and tenant could have worked something out at an initial hearing before the hearing.
In some cases, the court case may be found in the system, but a landlord who isn’t thorough may conclude that an actual eviction resulted.
Tenants who received cash for keys will not have an eviction record. These are people who were paid by a landlord to leave the property rather than going through an eviction.
Depending on the state, squatters may not have an eviction record, either.
Some states have differing regulations around eviction cases:
- New York – Landlords should be aware that they’re not allowed to refuse to rent to a tenant just because an eviction case was filed against them. In addition, courts are not allowed to sell eviction information to third parties, like tenant screening companies.
- Washington state – Tenants can petition the court to prevent tenant screening companies from including their eviction cases in reports.
Tenant Can Verify the Information Is Accurate (Tenants)
Tenants will want to access their own eviction record to ensure that the information contained in the record is accurate. There may be other renters out there with similar names who get lumped into the same eviction report.
Or, as noted above, the tenant may not actually have a prior eviction. There may have just been a case file opened.
Tenants should know what’s on their report so they can address the information with their landlord.
Landlords Not Rejecting Applicants for an Eviction
Some landlords reject applicants with an eviction, no matter what else is on the application. However, it’s possible the landlord is rejecting a perfectly good tenant.
The applicant was evicted 6 years ago because they got severely sick and lost their job. Since then, the applicant has had no financial issues whatsoever and has a pristine application other than the single eviction.
Many landlords like to include a spot on an application for a tenant to explain negative events like prior evictions, bankruptcies, or a low credit score. This gives more people a fair shot at getting the lease.
How to Look Up Eviction Records for Free (or Cheap)
There are a few ways tenants and landlords can look up an eviction record.
Ask the Tenant/Prior Landlord
The simplest way to find out if a tenant has a prior eviction is to ask the tenant on a rental application or as part of the interview process. If the tenant says yes, then the landlord should ask follow-up questions to understand why the tenant was evicted.
The tenant could have been evicted through no fault of their own. This can happen through discrimination, retaliation, or through the actions of a former roommate.
Confirm this information by contacting the prior landlord(s) and ask about their experiences with the tenant, even if the tenant says they’ve never been evicted. Be sure to ask for prior addresses and landlord contact info going back several years on the application.
Have the Tenant Submit Their Rental History Report
Once every 12 months, consumers can request a free copy of their rental history from the major credit bureaus (Experian, Equifax, and TransUnion). You can in turn ask your applicants to submit these reports to you without any cost.
The problem with these is that it’s possible for a tenant to falsify a report, or send you one that they pulled months ago without the latest information. A paid tenant screening report will always be your best option, but it’s certainly pricier.
Online Court Case Search
Another way to find out about a tenant’s eviction record is to go to your state’s court website or the website for the court located in the same city or county as the rental unit.
Evictions are public record in most states, so the public can legally access eviction records.
Several states will allow you to look up case information online for free, such as Missouri. You’ll need to know at least one of the following pieces of information:
- Name of tenant
- Name of landlord/property management company
- The case number
Typically, the tenant is the defendant in the case and the landlord is the plaintiff. Enter the information you have into the appropriate search fields.
Some states provide very little case information online, while others include the date the eviction order was issued, whether the tenant was ordered to pay any money to the landlord (such as past-due rent), the amount ordered, and whether the debt has been paid off.
In-Person Court Case Search
You can also go into the courthouse in person and ask to view or copy the case file, though most states do charge a fee for these services.
This is the best way to view the entire case file and see every document filed by the landlord and the tenant, as well as every order issued by the court, since most states won’t display this level of detail in their online case search programs.
Again, you’ll need to know the name of at least one of the parties involved in the case or the case number.
Third-Party Company
There are many companies out there that will run an eviction records report for you. These companies are simply reviewing court records and then passing the information along to you, and will always charge a fee for their services.
One benefit to using a third-party company is that they’ll be able to access court records from other states. It’s also a much faster way to research multiple tenants.
A few of the national companies providing this service include:
- LexisNexis
- CoreLogic
- Experian (as RentBureau)
If the eviction case is removed from the court record (as outlined below), then the eviction records report will come up clean, with no evictions listed.
Expunging an Eviction from the Court Record
A few states allow tenants to expunge (or remove) an eviction case from the public record.
In those states, the former tenant is typically required to file a formal petition with the court to have the eviction case sealed, expunged, or suppressed (depending on the state).
In some states, tenants are only allowed to expunge the case if there are no outstanding money judgments. This means that the tenant has paid in full any past-due rent, damages, or other fees, fines, and costs they were ordered to pay at the eviction hearing.
Other states will only allow the case to be sealed if it was dismissed, settled prior to the hearing, or if the court ruled in favor of the tenant.
If the expungement is granted, the eviction case will no longer appear on a rental history report or as part of the tenant’s eviction record. Any unpaid judgment amounts will still show up on a credit report, however.
The following states allow tenants to seal their eviction cases:
- California
- Colorado
- Illinois
- Minnesota
- Nevada
- Ohio
- Oregon
- Texas (only applies to nonpayment of rent evictions due to COVID-19 issues)
In Wisconsin, if the eviction case was dismissed, it will be automatically removed from public records after two years, meaning it will no longer appear on a rental history or eviction records report.
New Jersey, Pennsylvania, Rhode Island, and Washington, D.C., are currently considering legislation that would allow tenants to seal an eviction case.
Several other states allow portions of civil cases to be sealed, but it’s unclear whether these laws would also apply to eviction cases.
Be sure to check the laws in your state to find out if it’s possible to have an eviction case removed from public access, and what types of eviction cases are eligible for expungement.
Evictions and Credit Reports
There seems to be quite a bit of confusion out there about whether a tenant’s eviction history shows up on a credit report.
To set the record straight, a credit report does not include a tenant’s eviction record.
However, the credit report will show unpaid money judgments against the tenant, which could include:
- Any unpaid past-due rent the tenant was ordered to pay at an eviction hearing
- Any unpaid damages the tenant was ordered to pay at an eviction hearing
- Any unpaid fines, fees, or court costs the tenant was ordered to pay at the eviction hearing
These debts will stay on a credit report for 7 years if not paid off in full before then. Just the same as any other debt the tenant may owe, like delinquent credit card balances, the unpaid rental debts will negatively affect a tenant’s credit score.
Any debt that gets paid in full will be removed from the credit report, so as soon as the debt owed to the landlord (or the court) is paid in full, the debt amount will no longer appear on a tenant’s credit report.
