An eviction on your record can feel like a roadblock when you’re trying to rent a new place. So, it’s no wonder so many people ask, “how long does eviction stay on record in Texas?”
Unfortunately, the answer is that it typically can stay indefinitely. And most landlords check your rental history before they approve your lease, so having an eviction on your record can raise red flags. Let’s get into it.
Main Takeaways
To answer, “how long does eviction stay on your record in Texas,” it typically can stay on your record indefinitely, with the exception of your credit report, where it can stay for up to 7 years.
How Long Does an Eviction Stay on Your Record in Texas?
As experts in Austin property management, we can tell you that in Texas, an eviction typically can stay on your record indefinitely, whether you won the case, got it dismissed, or lost it. With that said, there is an exception with your credit report. According to a federal law, Section 1681c, Title 15, of the U.S. Code, and a state one, Section 20.05 of the Texas Business and Commerce Code, an eviction can stay on your credit record for up to 7 years. So, this is something to keep in mind.
Can You Remove an Eviction from Your Record in Texas?
In Texas law, there is no way to expunge or seal eviction records. Once an eviction is filed, it becomes a public record that landlords, property managers, and background check companies can access. Like we mentioned above, even if you win the eviction case, the filing itself does not automatically disappear.
That being said, if you believe there is an error in your eviction record, you can dispute it with the background check company that reported it. So, as a best practice, you should proactively check your rental history and correct any errors you see so that you have the best chance of being approved.
How Do Evictions Affect Your Future Housing?
Having an eviction on your record can make a huge impact on your ability to get a rental home in the future. To be specific, it can cause these issues:
Limited Housing Options
Typically, landlords view prospective tenants’ past evictions as a potential risk, so it could be harder for you to find ideal housing. Landlords usually prioritize having tenants with stable histories so that they can maintain a stable income. Still, if you provide strong references or proof that you have consistent income, that could boost you as a candidate. Additionally, being transparent about your rental history upfront can show the landlord that you’re staying accountable for what happened.
Higher Security Deposit
When you do find housing, your landlord may require you to pay a higher security deposit. This higher deposit would mitigate any risk your rental history might pose and act as a type of ‘insurance’ for any what ifs. By taking steps to communicate openly with your landlord and addressing any concerns they might have proactively, you can further reassure them about your reliability. If you show your commitment to maintaining the property and adhering to your lease terms, that can help you build trust with them.
Need for a Guarantor
The landlord may ask you to have a guarantor co-sign your lease so they can serve as a backup. In other words, the guarantor would cover your rent or damages if you can’t fulfill those obligations. If you have a trustworthy guarantor with strong financial credentials, you can help reassure your landlord that you have a safety net.
Qualifying for a Mortgage
In addition, if you have an eviction history, you may find it more challenging to qualify for a mortgage. Some lenders may see it as a sign that you grapple with financial instability. They may require you to have stricter loan requirements, such as higher down payments or increased interest rates. However, if you take steps to improve your credit score and demonstrate your financial responsibility, you can strengthen your application and offset the lender’s concerns.
How Bay Property Management Group Can Help
To answer, “how long does eviction stay on record in Texas,” it can usually stay indefinitely on public record. The one big exception to how long an eviction stays on your record is credit records, on which evictions can stay up to 7 years. Landlords are usually able to see it, and it can usually be found in background checks. So, you should remember this as you set out to find new rentals.
In the meantime, if you’re a landlord, our property management company is here to simplify your daily to-do list. From handling tenant screening, to collecting the rent, to maintaining your property and staying compliant with the law, we handle every detail with professionalism and care. Trust us to maximize your property’s potential so you can have a more passive investment. Contact us today to learn more!