Understanding Sealing: The case is sealed, but why do landlords still deny me housing?

Dealing with an eviction can be a challenging experience for tenants. A tenant can’t assume that once a case is sealed, it's no longer a concern. That eviction record might still impact one’s ability to find housing. In this article, we'll explore how an eviction record can affect a tenant’s credit report and private tenant screening reports.

  • Impact on Credit Report: It's important to note that the eviction itself won't directly appear on a credit report. But, a landlord can sell the debt to a collection agency. If the debt remains unpaid and goes into collections, it can stay on a credit report for up to seven years. This can harm one’s credit score, making it harder to secure loans or favorable terms on future rentals.
  • Private Tenant Screening Reports: Private tenant screening companies can search the public record and gather information to create their own reports. Landlords can buy these reports, even if the case is later sealed.

To better understand this, imagine that you upload a photo online. Once it's out there, you have no control over who downloads or saves that photo for their personal records, even if you delete it. If a private tenant screening company finds an eviction case, they can put it in their records, but they might not update them when the case is sealed.

Options after an eviction case is sealed but continues to affect the housing search

  • Dispute the credit report
  • Ask the landlord or property manager where they got the information about the eviction case. Contact the source (e.g., the private tenant screening company) and request that they update their records. 
  • Get a copy of the court order signed by the judge to show that the eviction case is supposed to be sealed from the Clerk’s office. Show the landlord or property manager the signed document.

The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.

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