How To Check For Evictions: Free Eviction Check

Evictions are costly, stressful, and expensive. And whilst there’s no way for a landlord to guarantee they won’t have to go through one, there are things landlords can do to reduce the risk. And one thing many landlords do is conduct eviction records searches on potential tenants. 

According to TransUnion, landlords and property managers spend an average of $3,500 on eviction-related expenses. This is money that could have stayed in your pocket if a tenant hadn't broken the lease, failed to pay rent, or caused other issues.

Checking eviction history before renting to a new tenant is a crucial step in selecting tenants who will stay long-term, pay rent on time, and look after your property. Renting to individuals with a history of evictions can lead to more problems, so it's essential to know how to avoid this situation.

In this post, we explore where to find eviction records, how to check for evictions by getting an eviction report, and how to examine the eviction report so you can ensure you’re making the best possible tenant selection decision.

Contents: How To Check For Evictions

• Why Doing An Eviction Record Check Is Necessary
• What’s Included in an Eviction Check Report?
• How to Look Up Evictions
• Landlord Studio: Free Eviction Check
• For Tenants: How to Check if You Have an Eviction
• How to Understand Eviction Search Results
• Choose The Best Possible Tenant With Landlord Studio
• How to Look Up Evictions FAQs

Why Doing An Eviction Record Check Is Necessary

Before diving into the details of how to check eviction history, you might wonder why this check is so important. The answer is simple: people tend to have patterns of behavior. If a tenant has been evicted once, it indicates a possibility that they might face eviction again. Multiple evictions strongly suggest that they could be a challenging tenant to work with.

Nobody wants to go through an eviction, neither landlords or tenants. And so, evictions only occur in serious situations, such as when a tenant causes significant damage to the property or refuses to pay rent. If a potential tenant has a history of eviction, you need to really understand why before considering them for a tenancy. Failing to do so could put you and your business at risk.

What’s Included in an Eviction Check Report?

An eviction record search provides essential details about a tenant's past eviction history and the filing that was made. The report typically includes the following information:

• The defendant or tenant’s full name
• The plaintiff or property owner’s name
• The property address
• The dates when the eviction was filed
• The court where the eviction was filed
• The outcome of the eviction proceedings

How to Look Up Evictions

It’s all very well knowing what and why, you also need to know how to find eviction records. And you need to be aware of the various legalities surrounding data privacy and how you can use a tenant’s eviction check to make your final decision. 

Below we outline the two primary methods for landlords to look up evictions:

Method 1: Check Court Records

The most direct and thorough way to determine if a potential tenant has an eviction history is by checking court records. While every state, county, and area may have different courthouses, the process can be broken down into a few routine steps:

1. Find Your State’s Website: Court records can be searched by state. Locate your state’s website as this will provide access to court records. Each state may have multiple websites for various home-related issues, so ensure you check each one.
2. Search the Tenant’s Names: On the court records website, search the potential tenant’s names to find any eviction records. Be thorough and check more than just the main name provided on the application. Include:
   • Birth name
   • Nicknames
   • Alternate names
   • Names with or without initials
   • Names before or after marriage/divorce

By checking every possible name combination, you can ensure no records are missed.

3. Get Access to the Record: While full access to eviction case records may not be available in every state, you can often obtain a thorough briefing or full access in most states. It’s essential to view the eviction case to understand the context. Some evictions might be the result of wrongful actions by landlords, so it’s important to consider the meaning of each result.
   If you cannot view the record online or visit the courthouse in person, call them to see if you can pay a fee to have a copy mailed to you.

Method 2: Use A Tenant Screening Service

Finding the right courthouse, checking every name the tenant might have used, and collecting full court information can be daunting. Additionally, you might not know all the states your potential tenant has lived in.

Tenant screening services (like Landlord Studio) simplify this process by including eviction checks as part of their report. These services conduct national eviction searches providing you with a comprehensive report at the end. They often include credit information as well as identity verifications, enabling you to make a well-informed decision about future tenants.

Landlord Studio: Free Eviction Check

If the second method sounds a lot simpler, that’s because it is. Using Landlord Studio you can get a full eviction record check report as part of our tenant screening service. As well as the eviction check you’ll get a credit check and criminal background check. So you have all the information you need to make an informed decision.

Screening tenants with Landlord Studio is simple and completely free for landlords.

1. Create your free Landlord Studio account
2. Navigate to the screenings page and start a new screening report
3. Enter your tenants name and email address.

And that’s it!

Your tenants will then receive an email asking them to fill out their details. Once they’ve submitted and paid* you’ll receive the reports in the app and be notified by email. Simply log back in to review.

View Sample Eviction Report

* Reports cost as little as $45 and can be paid for by the landlord or the tenant.

For Tenants: How to Check if You Have an Eviction on your Record

Are you a tenant searching for an apartment and wondering if you have an eviction on record that could impact your chances? Checking your eviction history is just as easy for you as it is for landlords.

You can use the same methods landlords use to find out if there's anything negative in your rental history:

1. Check Court Records:
   • Visit your state’s court records website.
   • Search your full name, including any variations such as birth name, nicknames, alternate names, names with or without initials, and names before or after marriage/divorce.
   • Review the results to see if any eviction records appear.
2. Use a Tenant Screening Service:
   • Find a service that does personal eviction record check reports (independent of credit checks)
   • Use the service to check your record and see what the landlord will see.

By taking these steps, you can be proactive and understand how your records might appear to landlords, allowing you to address any issues upfront.

How to Understand Eviction Search Results

Interpreting eviction search results can be tricky, as the records may not provide the full context behind the eviction. However, understanding the final ruling on an eviction record can reveal the outcome of the court proceedings. It's important to note that an eviction filing doesn't always mean the tenant was forced to leave the property.

Common Dispositions: Civil New Filing, Judgment, Restitution of Premises

Civil New Filing: Indicates that the case was either canceled or dismissed. This can happen for various reasons, such as the tenant paying past due rent or reaching an agreement with the landlord outside of court.

Judgment: This means the court ruled in favor of the landlord. The tenant is ordered to pay the landlord for rent owed and/or any property damages.

Restitution of Premises: Often referred to as a default judgment, this occurs when the tenant fails to appear in court or respond to the eviction summons. It means the judge has ordered the tenant to vacate the property, returning full possession to the landlord. The tenant must leave the property within a specified timeframe.

Cons of Running Your Own Eviction Check Search

If you decide to conduct your own eviction search, be cautious about the sources you use. Services offering automatically generated reports require extra scrutiny to ensure the records pertain to the correct person and can legally be used if you decide to deny a tenant based on the results.

Accuracy and Legality

Ensure the eviction record matches the applicant. Verify the applicant's first and last name and the property address. This is especially important for applicants with common names.

Remember that eviction records older than seven years cannot be used in tenant denial decisions.

To avoid confusion and potential legal issues, it's recommended to use a service with an FCRA-certified screening report. 

Choose The Best Tenants Possible With Landlord Studio

Renting out a rental property isn't just about finding someone willing to live in your rental; it's about finding tenants who will maintain a positive relationship with you and your property. 

By not carefully selecting tenants and checking eviction records, you risk jeopardizing your entire business. All the information gathered in rental applications should supplement the thorough research done on each tenant - giving you a full picture of what they’re going to be like to rent to.

At Landlord Studio, we offer comprehensive tenant screening services that include eviction history, background checks, and credit scores. Our FCRA-certified screening reports ensure you receive accurate, up-to-date information, enabling you to make the best decision for your rental properties.

Create your free account and screen your tenants today.

You Might Also Like

• How To Evict A Tenant: The Landlords Guide To Fast Legal Evictions 
• The Landlord's Guide To Tenant Screening
• Why Are Evictions So Costly? (and How to Avoid Them)
• When And How To Supply A Notice To Quit To Your Tenant

How to Look Up Evictions: FAQs

Are Evictions Public Records? 

Yes, evictions become public records once they are filed with the court system. The availability of full details varies by state, but all evictions will appear in some form on public records. Depending on the final judgment, an eviction may also appear in criminal background checks. However, since July 2017, eviction records do not show up on credit reports, which is why many landlords conduct separate eviction history checks in addition to credit reports.

How Can I Check If I Have Evictions on Record? 

To check if you have evictions on record, follow these steps, similar to those outlined for landlords:

1. Find Your State’s Court Data System: Use your state’s website to access the court data system.
2. Search Your Name and Aliases: Enter your name and any aliases you have used to see if any evictions appear.
3. Review Eviction Details: If evictions are found, contact the court to view the full details of the eviction documents.

Another method is to request a full tenant screening report or a criminal background check on yourself, as these may include eviction records.

Note: Landlord Studio's services are designed for landlords to run background checks on potential tenants and should not be used for personal eviction history checks. If you want to search for eviction records, it’s recommended to contact the court where the eviction might have been filed, such as the county or town court where the property is located.

How Do You Get an Eviction Removed from Your Public Record?

If you lost an eviction case in court, the court records cannot be expunged since the case was valid and fully prosecuted. However, if you won the eviction case or the landlord dropped it, you can take steps to ensure it no longer appears in court records.

How Can I Check My Rental History?

To see what type of rental history report your landlord or potential landlords might see, sign up with a third-party service and run a report on yourself. This method also helps you determine if you have an eviction on your record.

Landlords use tenant screening services to get a comprehensive look at the rental history of prospective tenants. By checking your own information through these services, you can ensure that all the details are accurate.

How Soon Does an Eviction Show Up On A Tenant’s Record?

Evictions typically appear on records within 30 to 60 days. The exact time frame depends on the court system, filing agencies, and the types of screening services being used to check the data.

Do Evictions Show Up on Background Checks?

The term "background check" can encompass various types of information searches. Landlords usually refer to both criminal background checks and eviction history checks when they mention background checks.

• Criminal Background Checks: Evictions do not appear on criminal background checks unless there was an associated charge or misdemeanor settled in civil court.
• Eviction History Checks: Evictions will appear in an eviction history check as long as they are on record with the courts, typically for seven years. These records will show up regardless of the outcome unless they are too old to include in the report.
• Credit Reports: Checking your credit report for evictions won't yield any results, as evictions are not included there.

It is common for background checks conducted for rental applications to include an eviction records search. If an eviction record search is performed, the record will generally be reported, provided it is not too old to include in the report.

Do Dismissed Evictions Show Up on Background Checks?

Dismissed evictions generally should not appear on your background checks. However, sometimes the paperwork remains on file with the court system. If a landlord only sees that an eviction filing exists without reading the full document, they might make incorrect assumptions about the tenant's responsibility.

Dismissed evictions can be expunged from a tenant’s record, as the court often finds it in the interest of justice to remove evictions that were not completed.

Can You Still Get an Apartment with an Eviction?

Many landlords will still rent to tenants with an eviction, especially if there is a valid reason for the eviction or if it happened many years ago. If you have an eviction on your record, it's best to be upfront with landlords about it, explain why it happened, and how you will avoid similar situations in the future. It’s better for landlords to hear about the eviction directly from you rather than discovering it through their screening services.

How Far Back Can an Eviction Search Go?

Eviction records can be included in a report for up to seven years after the eviction was filed. Any records older than seven years cannot legally be included in the report.