Texas Eviction: How To Get It Off Your Record

Evictions can cast a long shadow, especially when they show up on your record. If you've faced an eviction in Texas, you're probably wondering how to get it removed. Don't worry, you're not alone, and understanding the process can make a huge difference. This guide breaks down the steps you can take to clear your record and move forward.

Understanding Eviction Records in Texas

First, let's get a handle on what an eviction record actually is. In Texas, an eviction, also known as a Forcible Entry and Detainer suit, becomes part of the public record once a landlord files it in court. This record includes details like your name, the landlord's name, the property address, and the reason for the eviction. Landlords often use these records to screen potential tenants, so having an eviction on your record can make it harder to rent in the future.

The Impact of Eviction Records: An eviction record can affect more than just your ability to rent. It can also impact your credit score, especially if there were unpaid rent or damages involved. Landlords typically check credit reports and rental history databases, increasing the chances of an eviction turning up. This is why it's super important to understand how these records work and what options you have for dealing with them. Knowing your rights and understanding the legal landscape is the first step in taking control of your situation.

How Long Do Evictions Stay on Your Record? Generally, eviction records in Texas can stay on your record indefinitely. Unlike some other types of records, there isn't a set period after which they automatically disappear. However, their practical impact tends to diminish over time. Many landlords are more concerned with recent evictions than those from several years ago. The key is to understand that while the record may remain, its effect on your rental applications can lessen as time passes. This is why focusing on building a positive rental history and addressing the underlying issues that led to the eviction is so important.

Where are Eviction Records Stored? Eviction records are typically stored at the courthouse in the county where the eviction lawsuit was filed. These records are public, meaning anyone can access them. Additionally, they may appear in tenant screening reports provided by consumer reporting agencies. Understanding where these records are stored helps you know where to look if you need to verify the information or take steps to address it.

Steps to Remove an Eviction Record

Okay, so you know what an eviction record is and why it matters. Now, let's dive into the actual steps you can take to get it removed. It's not always easy, but there are definitely strategies you can use.

1. Check the Accuracy of the Eviction Record

The first thing you should do is verify that the information on the eviction record is accurate. Sometimes, errors happen. Maybe the dates are wrong, or the reason for the eviction is misrepresented. You can obtain a copy of the eviction record from the courthouse in the county where the eviction was filed or from a tenant screening service. Scrutinize every detail to ensure it's correct. If you find any mistakes, you have grounds to request a correction. This is a critical first step because inaccurate information can be challenged and potentially removed.

How to Obtain the Record: You can typically get a copy of the eviction record by visiting the courthouse in person or requesting it online or by mail. There might be a small fee for obtaining the record. Once you have it, review it carefully, comparing it to your own records and recollection of the events. Look for any discrepancies in dates, names, addresses, or the reasons cited for the eviction. Even minor errors can be significant when challenging the record. If you find inaccuracies, document them clearly and gather any supporting evidence, such as leases, payment records, or correspondence with the landlord. This will strengthen your case when you request a correction.

What to Look For: When reviewing the eviction record, pay close attention to the following:

• Names and Addresses: Ensure that your name and the property address are listed correctly.
• Dates: Verify that the dates of the eviction lawsuit and any related events are accurate.
• Reasons for Eviction: Check that the reasons cited for the eviction match what actually happened. Were you behind on rent? Did you violate the lease in some other way? Make sure the explanation is accurate.
• Court Information: Confirm that the court name and case number are correct.
• Judgments: See if there was a judgment against you for unpaid rent or damages. If so, verify the amount and the details of the judgment.

2. File a Motion to Seal or Expunge the Record

In some cases, you might be able to file a motion to seal or expunge the eviction record. Sealing a record means it's no longer accessible to the general public, while expunging a record means it's completely removed as if it never happened. However, these options are usually only available under specific circumstances.

When is Sealing or Expungement Possible? Sealing or expungement is more likely if:

• The Eviction Was Dismissed: If the landlord filed the eviction lawsuit but then dropped the case, you might be able to get the record sealed or expunged.
• You Won the Case: If you successfully defended yourself in court and the judge ruled in your favor, you have a strong argument for sealing or expunging the record.
• There Were Errors: If the eviction was based on errors or misrepresentations, you can argue that the record should be removed.

To file a motion, you'll need to prepare a legal document outlining the reasons why the record should be sealed or expunged and submit it to the court. You may also need to attend a hearing where you'll present your case to a judge. This process can be complex, so it's often a good idea to seek legal assistance from an attorney. They can help you prepare the necessary paperwork, gather evidence, and represent you in court.

Legal Assistance: An attorney who specializes in tenant rights or eviction defense can provide invaluable assistance. They can assess your situation, advise you on the best course of action, and help you navigate the legal process. They can also negotiate with the landlord or their attorney on your behalf. If you can't afford an attorney, you may be eligible for free or low-cost legal services from a legal aid organization. These organizations provide assistance to low-income individuals and families who need legal help.

3. Negotiate with the Landlord

Sometimes, the most straightforward approach is to talk to your former landlord. If you're on good terms or willing to make amends, you might be able to negotiate with them to have the eviction record removed. This could involve paying any outstanding rent or damages in exchange for their agreement to request the court to seal or dismiss the eviction record.

How to Approach the Landlord: When you approach your former landlord, be polite, respectful, and understanding. Explain your situation and why you want the eviction record removed. Offer to pay any outstanding debt or make other concessions in exchange for their cooperation. Put your agreement in writing to ensure that both parties understand the terms.

What to Offer: Depending on the circumstances, you might offer to:

• Pay any unpaid rent or late fees.
• Cover the cost of any damages to the property.
• Provide a written apology for any lease violations.
• Agree to a payment plan if you can't afford to pay everything at once.

If the landlord agrees to cooperate, they can file a motion with the court to have the eviction record sealed or dismissed. Having the landlord on your side can significantly increase your chances of success. This can be a win-win scenario, providing the landlord with the money they are owed and giving you a chance to clear your record.

4. Dispute the Eviction Record with Tenant Screening Services

Eviction records often show up on tenant screening reports, which landlords use to assess potential tenants. If you find an eviction record on your tenant screening report that is inaccurate or has been resolved, you have the right to dispute it with the screening service. Under the Fair Credit Reporting Act (FCRA), tenant screening services are required to investigate and correct any errors on your report. This is a powerful tool that can help you remove inaccurate or outdated information from your record.

How to File a Dispute: To file a dispute, you'll need to:

• Obtain a copy of your tenant screening report from the screening service.
• Identify the inaccurate or incomplete information.
• Write a letter to the screening service explaining the dispute and providing any supporting documentation, such as court records, payment receipts, or correspondence with the landlord.
• Send the dispute letter to the screening service via certified mail, return receipt requested, so you have proof that they received it.

The screening service has 30 days to investigate the dispute. If they find that the information is inaccurate, they must correct or remove it from your report. If they fail to do so, you can file a complaint with the Federal Trade Commission (FTC).

What to Include in Your Dispute Letter: Your dispute letter should include:

• Your name, address, and date of birth.
• A copy of your tenant screening report with the disputed information highlighted.
• A clear explanation of why you believe the information is inaccurate or incomplete.
• Any supporting documentation, such as court records, payment receipts, or correspondence with the landlord.
• A request that the screening service investigate the dispute and correct or remove the inaccurate information.

5. Wait it Out

Sometimes, the best course of action is simply to wait. As time passes, the impact of an eviction record diminishes. Many landlords are more concerned with recent evictions than those from several years ago. If you've maintained a clean rental history since the eviction, landlords may be more willing to overlook the past.

How Long to Wait: There's no magic number, but generally, the further you get from the eviction, the less it will affect your rental applications. After five to seven years, many landlords will give less weight to the eviction, especially if you have a positive rental history in the meantime. During this time, focus on building a strong rental history and addressing any underlying issues that led to the eviction.

Building a Positive Rental History: To build a positive rental history, you should:

• Pay your rent on time every month.
• Comply with all the terms of your lease.
• Maintain good communication with your landlord.
• Avoid any lease violations or disputes.
• Get references from previous landlords.

Tips for Renting with an Eviction Record

Even with an eviction on your record, it's still possible to find a place to rent. Here are some tips to improve your chances:

• Be Honest and Upfront: When applying for a rental, be honest about the eviction. Explain the circumstances and what you've done to address the issue. Landlords appreciate honesty and transparency.
• Provide Explanations and Documentation: Provide a written explanation of the eviction and any supporting documentation, such as court records, payment receipts, or letters of recommendation.
• Offer a Higher Security Deposit: Consider offering a higher security deposit to reassure the landlord that you're a responsible tenant.
• Find a Co-Signer: Ask a friend or family member to co-sign the lease. This provides the landlord with an additional layer of security.
• Look for Landlords Who are More Flexible: Some landlords are more willing to rent to tenants with eviction records than others. Look for smaller, independent landlords who may be more flexible.
• Consider Renting in a Less Competitive Market: If you're having trouble finding a place to rent in a competitive market, consider moving to a less competitive area.

Conclusion

Dealing with an eviction record can be challenging, but it's not impossible to overcome. By understanding your rights, taking proactive steps to address the issue, and building a positive rental history, you can improve your chances of finding a place to rent and moving forward. Remember, persistence and honesty are key. Don't give up, and keep working towards a better future. You've got this!