Can I rent an apartment with an eviction on my record?

Yes. While an eviction makes apartment hunting harder, many landlords will work with you — especially private landlords, smaller complexes, and second chance apartment programs. The key is being honest about your history, demonstrating current financial stability, and offering extras like a larger deposit or co-signer. An eviction does not permanently disqualify you from renting.

What is the difference between an eviction filing and an eviction judgment?

An eviction filing means a landlord started the legal process to evict you — it does not mean you were found at fault. Many filings are dismissed or settled. An eviction judgment means a court ruled against you and ordered you to leave. A judgment is much more serious and carries a monetary obligation. Some states now seal filings that did not result in a judgment for the landlord.

Can I get an eviction removed from my record?

In many states, yes. Over 20 states have laws allowing eviction records to be sealed or expunged. Some states (California, Colorado, Utah, DC) seal records automatically. Others require you to file a petition with the court. You can also dispute inaccurate eviction records with tenant screening companies. If you owe a balance from the eviction, paying it off (sometimes called pay-for-delete) may help get it removed from some screening services.

What do landlords check when they screen tenants?

Most landlords use a tenant screening service that checks: eviction court records (filings and judgments from the past 7 years), credit report and credit score, criminal background check, employment and income verification, and rental history references. Some smaller landlords may only check credit and call previous landlords. The specific checks vary by landlord and property.

Will an eviction show up on a background check for a job?

Generally no. Standard employment background checks focus on criminal records, not eviction records. Evictions are civil court cases and are typically only reported on tenant screening reports, which are different from employment background checks. However, if the eviction resulted in a monetary judgment that was sent to collections, the collection account may appear on your credit report, which some employers review.

How do I write a letter of explanation for an eviction?

Keep it brief (one page), honest, and focused. Include: (1) a brief explanation of what happened and when, (2) what you have done to improve your situation since then, (3) evidence of current stability — steady job, income, positive rental references, (4) your commitment to being a responsible tenant. Do not blame others or make excuses — take responsibility and show what has changed.

Are second chance apartments more expensive?

Not necessarily. Some second chance programs charge the same rent as comparable units in the area. However, some landlords who accept tenants with eviction histories may require a larger security deposit (1.5 to 2 months), a co-signer, or slightly higher rent to offset the perceived risk. LIHTC (Low-Income Housing Tax Credit) properties and Section 8 housing often have flexible screening and set rents based on income.

Can I be denied housing solely because of an eviction?

In most states, yes — landlords can legally consider eviction history when screening applicants. However, some cities and states have adopted fair chance housing laws that limit how landlords can use eviction records. Additionally, if a blanket eviction ban disproportionately impacts a protected class under the Fair Housing Act, it could be challenged. Check your local laws for specific protections.

What states have eviction sealing or expungement laws?

As of 2026, over 20 states have some form of eviction record sealing or expungement law, including California, Colorado, Connecticut, Delaware, District of Columbia, Idaho, Illinois, Indiana, Maryland, Minnesota, Nevada, New York, North Dakota, Oregon, Rhode Island, Utah, Virginia, and Washington. New states are adding protections each year. The specifics vary — some seal automatically, others require a petition.

Eviction-Friendly Apartments: How to Find Housing After an Eviction

An eviction on your record does not mean you cannot find a place to live. Millions of Americans have eviction records, and there are landlords, programs, and strategies designed to help you get back into stable housing.

Last updated: 2026-03-25

Quick Answer

Yes, you can find apartments even with an eviction on your record. Private landlords, smaller complexes, and second chance apartment programs are often willing to work with tenants who have past evictions. The key is knowing where to look and how to present yourself. An eviction filing is different from an eviction judgment — and many landlords care more about your current situation than your past. Eviction records typically appear on tenant screening reports for up to 7 years, but some states now automatically seal these records much sooner. You can also take steps to get an eviction removed or sealed in many states.

This guide covers how to find eviction-friendly housing, what landlords actually check, how to strengthen your application, how long evictions stay on your record, and which states allow you to seal or expunge eviction records.

Eviction Filing vs. Eviction Judgment — Know the Difference

Eviction Filing (Unlawful Detainer): A landlord filed a court case to evict you. This does NOT mean you were found at fault. Many filings are dismissed, settled, or withdrawn. However, the filing itself can appear on tenant screening reports and affect future applications — even if you won or settled the case.
Eviction Judgment: A court ruled against you and ordered you to leave. This is more serious than a filing. The judgment becomes a public court record and may include a monetary judgment for unpaid rent or damages. Judgments stay on tenant screening reports for up to 7 years under the Fair Credit Reporting Act.
Why This Matters: Many tenants have eviction filings on their record even though they were never actually evicted. Some states (California, Colorado, Nevada) now seal filings automatically before or shortly after a case is resolved. If you have a filing without a judgment, be prepared to explain this to landlords — it is a much less serious mark than an actual judgment.

How Long Does an Eviction Stay on Your Record?

Record Type	Duration	Details
Tenant Screening Reports	Up to 7 years	Under the Fair Credit Reporting Act (FCRA), tenant screening companies can report eviction court records for up to 7 years from the filing date. Most landlords use services like TransUnion SmartMove, Experian RentBureau, or CoreLogic to screen applicants. The eviction itself (the court case) shows up here — not on your regular credit report.
Credit Reports (Experian, Equifax, TransUnion)	Evictions do NOT appear directly	Evictions are not listed on your consumer credit report. However, if your landlord sent unpaid rent or damages to a debt collection agency, that collection account WILL appear on your credit report for up to 7 years and will hurt your credit score. Paying off the collection may help your credit but does not remove the eviction from tenant screening reports.
Court Records	Varies by state — potentially permanent	Eviction cases are public court records. In states without sealing laws, they can remain accessible indefinitely through court databases. In states with sealing laws, records may be sealed automatically or by petition after a waiting period.

How to Rent with an Eviction — Step by Step

1.
Check your own records first
Before you start apartment hunting, find out exactly what shows up on your record. Request a free copy of your tenant screening report from the major screening companies: TransUnion (mysmartmove.com), Experian RentBureau, and CoreLogic SafeRent. Also check your state's court records online. You are entitled to one free report per year from each company under the FCRA. Knowing what landlords will see helps you prepare.
2.
Dispute any errors on your screening report
If you find inaccurate information — wrong dates, cases that were dismissed but still showing, or evictions that belong to someone else — file a dispute with the tenant screening company. Under the FCRA, they must investigate within 30 days and correct or remove inaccurate information. This alone can sometimes clear your record.
3.
Check if you can seal or expunge the eviction in your state
Over 20 states now have laws allowing eviction records to be sealed or expunged. Some states do this automatically (California, Colorado, Utah, DC). Others require you to file a petition with the court. If you are in a state with a sealing law, this may be the single most effective step you can take. See the state-by-state table below.
4.
Target the right landlords
Private landlords who own one or a few properties are far more flexible than large property management companies. Look on Craigslist, Facebook Marketplace, and local community boards. Smaller complexes (under 20 units) also tend to be more lenient. Avoid large corporate-managed apartment complexes for your first attempt — they usually have rigid screening criteria.
5.
Call before you apply
Always call a landlord before paying an application fee. Ask directly: 'I have an eviction on my record from [X years] ago. Would you consider my application?' This saves you money on application fees and avoids wasting time. Many landlords will tell you upfront if they are willing to work with you.
6.
Write a letter of explanation
Prepare a brief, honest letter (one page or less) that explains: what happened, what has changed since then, and why you will be a reliable tenant now. Include specifics — steady employment, current income, positive references. Do not make excuses, but provide context. Landlords appreciate honesty and accountability.
7.
Strengthen your application with extras
Offer a larger security deposit (1.5 to 2 months rent), provide a co-signer or guarantor with good credit, show proof of steady income (pay stubs, bank statements), include reference letters from previous landlords or employers, and offer to pay several months rent upfront if possible. The more you can reduce the landlord's perceived risk, the better your chances.
8.
Look into second chance apartment programs
Some apartments specifically market themselves as 'second chance' or 'eviction-friendly' properties. Housing authorities, Section 8 programs, and nonprofit housing organizations can often connect you with landlords who work with tenants with eviction histories. Contact your local HUD-approved housing counseling agency (call 211) or search for 'second chance apartments' in your city.

State Eviction Sealing and Expungement Laws (2026)

Over 20 states now have laws allowing eviction records to be sealed or expunged. If your state is listed below, you may be able to remove the eviction from your record. Contact a legal aid organization for help filing a petition.

State	Type	Details
California	Automatic	Eviction records are automatically sealed at filing, limiting public access. Cases not resulting in a landlord judgment are permanently sealed. Under CCP 1161.2, records are masked from public view for 60 days after filing. If no judgment for the landlord within 60 days, the record stays sealed.
Colorado	Automatic	Eviction records are sealed at the time of filing, limiting public access before any judgment is entered. This prevents early data harvesting by tenant screening companies.
Connecticut	Automatic / Petition	Eviction records are automatically erased if the case is dismissed or the tenant prevails. Tenants can petition to erase records in other circumstances after the case concludes.
Delaware	Petition	Senate Bill 115 (signed 2025) allows renters to petition for expungement after 5 years if the monetary judgment is satisfied, or immediately if the case was dismissed or decided in the tenant's favor.
District of Columbia	Automatic	Eviction records that do not result in a judgment for the landlord are automatically sealed within 30 days of case conclusion. All other eviction records are sealed after 3 years.
Idaho	Automatic	Eviction records are automatically sealed from public access 3 years after the filing date if no appeal is pending and the case was dismissed or resolved by stipulation.
Illinois	Petition	Tenants can petition the court to seal eviction records. Courts have discretion to grant sealing based on the circumstances. Automatic sealing applies to cases where the tenant prevailed.
Indiana	Petition	Updated legislation (2025) allows tenants to petition for expungement of eviction records under certain conditions. Requires waiting period and satisfaction of any judgment.
Maryland	Automatic	Passed 2024. Automatically seals certain eviction records, particularly cases that were dismissed or where the tenant prevailed.
Minnesota	Automatic / Petition	Eviction records are automatically expunged if the tenant prevails, the case is dismissed, or the tenant vacated before the court date. For other cases, tenants can petition for expungement.
Nevada	Petition	NRS 40.455 allows sealing if the eviction was denied, dismissed, or later overturned. Tenants must petition the court. A 2025 bill (AB 201) to expand automatic sealing after 1 year did not pass.
New York	Automatic (partial)	Under the 2019 Housing Stability and Tenant Protection Act, eviction records are sealed if the case is decided in the tenant's favor or dismissed. Does not cover cases where a judgment was entered against the tenant.
North Dakota	Petition	Signed into law in 2025. Allows tenants to petition for eviction record sealing under specified conditions.
Oregon	Automatic / Petition	Eviction records are automatically sealed in qualifying cases. Records can be expunged after 5 years if debts are paid or if the eviction was dismissed. Tenants can also petition for early sealing.
Rhode Island	Petition	Tenants can request sealing through court forms. Granted at judicial discretion based on circumstances of the case.
Utah	Automatic	Eviction records are automatically sealed after 3 years, or sooner if the judgment is satisfied or vacated.
Virginia	Automatic (partial)	Passed 2024. Provides automatic sealing for certain eviction records, particularly dismissed cases and cases resolved in the tenant's favor.
Washington	Petition	Tenants can petition to seal eviction records under certain circumstances, particularly if the case was dismissed or the tenant prevailed.

This table covers states with known eviction sealing laws as of early 2026. Legislation is changing rapidly — new states may have passed laws since this was last updated. Contact your local legal aid office for the most current information.

Tips for Renting with an Eviction

Be honest and upfront

Landlords appreciate transparency. If you try to hide an eviction and they find it during screening, they will likely reject you immediately. If you disclose it yourself and provide context, many will give you a chance.

Show proof of income stability

The number one concern landlords have is whether you can pay rent. Bring recent pay stubs (at least 3 months), a letter from your employer, and bank statements showing consistent income. Most landlords want to see income of at least 2.5 to 3 times the monthly rent.

Get reference letters

A letter from a previous landlord (especially one you paid on time), an employer, or a caseworker can make a big difference. These personal references help the landlord see you as a real person, not just a screening report.

Offer a larger security deposit

If you can afford it, offering 1.5 to 2 months rent as a security deposit significantly reduces the landlord's risk. Some landlords will accept tenants with eviction histories if the deposit is large enough. Note: some states cap security deposits, so check your local laws.

Use a co-signer or guarantor

A co-signer with good credit who agrees to be responsible for rent if you cannot pay is a powerful tool. Many landlords who would reject an applicant with an eviction will accept one with a strong co-signer.

Build or repair your credit

A higher credit score can offset an eviction record. Pay down collection accounts, get a secured credit card, and make all current payments on time. A score above 650 gives you significantly more options.

Consider alternative housing first

If you need housing immediately, consider: month-to-month rentals and extended-stay hotels (often no screening), renting a room from a private homeowner, transitional housing through nonprofits, or subletting. These can serve as stepping stones while you build a positive rental history.

Avoid rental scams

People with eviction records are frequently targeted by rental scams. Red flags: a landlord asks for money before showing the property, the rent is far below market rate, they do not want to meet in person, or they pressure you to sign immediately. Never send money via wire transfer or gift cards.

Find Second Chance Apartments in Your City

We have detailed housing guides for 50 major US cities, including LIHTC properties, Section 8 housing, Oxford Houses, and HUD-approved housing counseling agencies.

Houston, TX Dallas, TX Atlanta, GA Chicago, IL Phoenix, AZ Las Vegas, NV Los Angeles, CA Miami, FL View all 50 cities →

Eviction-Friendly Apartment Guides by City

City-specific guides with local eviction laws, housing options, resources, and strategies for renting after an eviction.

Akron, OH Albuquerque, NM Asheville, NC Atlanta, GA Austin, TX Baltimore, MD Baton Rouge, LA Birmingham, AL Boston, MA Buffalo, NY Charlotte, NC Chattanooga, TN Chicago, IL Cincinnati, OH Cleveland, OH Columbia, SC Columbus, OH Corpus Christi, TX Dallas, TX Dayton, OH Denver, CO Des Moines, IA Detroit, MI Durham, NC El Paso, TX Eugene, OR Fort Worth, TX Fresno, CA Grand Rapids, MI Greensboro, NC Greenville, SC Harrisburg, PA Hartford, CT Houston, TX Indianapolis, IN Jackson, MS Jacksonville, FL Jersey City, NJ Kansas City, MO Knoxville, TN Las Vegas, NV Lincoln, NE Little Rock, AR Los Angeles, CA Louisville, KY Madison, WI Memphis, TN Miami, FL Milwaukee, WI Minneapolis, MN Mobile, AL Montgomery, AL Nashville, TN New Haven, CT New Orleans, LA New York, NY Newark, NJ Newport News, VA Norfolk, VA Oakland, CA Oklahoma City, OK Omaha, NE Orlando, FL Philadelphia, PA Phoenix, AZ Pittsburgh, PA Portland, OR Providence, RI Raleigh, NC Reno, NV Richmond, VA Rochester, NY Sacramento, CA Saint Paul, MN Salt Lake City, UT San Antonio, TX San Diego, CA San Francisco, CA San Jose, CA Savannah, GA Seattle, WA Shreveport, LA Sioux Falls, SD Spokane, WA Springfield, MA Springfield, MO St. Louis, MO Syracuse, NY Tacoma, WA Tampa, FL Toledo, OH Topeka, KS Tucson, AZ Tulsa, OK Vancouver, WA Virginia Beach, VA Washington, DC Wichita, KS Wilmington, DE Worcester, MA

Frequently Asked Questions

Can I rent an apartment with an eviction on my record?: Yes. While an eviction makes apartment hunting harder, many landlords will work with you — especially private landlords, smaller complexes, and second chance apartment programs. The key is being honest about your history, demonstrating current financial stability, and offering extras like a larger deposit or co-signer. An eviction does not permanently disqualify you from renting.
How long does an eviction stay on your record?: An eviction can appear on tenant screening reports for up to 7 years under the Fair Credit Reporting Act. It does not appear directly on your consumer credit report (Experian, Equifax, TransUnion), but any unpaid rent sent to collections will. Court records may remain accessible longer unless your state has a sealing law. Over 20 states now have laws that seal eviction records, some automatically.
What is the difference between an eviction filing and an eviction judgment?: An eviction filing means a landlord started the legal process to evict you — it does not mean you were found at fault. Many filings are dismissed or settled. An eviction judgment means a court ruled against you and ordered you to leave. A judgment is much more serious and carries a monetary obligation. Some states now seal filings that did not result in a judgment for the landlord.
Can I get an eviction removed from my record?: In many states, yes. Over 20 states have laws allowing eviction records to be sealed or expunged. Some states (California, Colorado, Utah, DC) seal records automatically. Others require you to file a petition with the court. You can also dispute inaccurate eviction records with tenant screening companies. If you owe a balance from the eviction, paying it off (sometimes called pay-for-delete) may help get it removed from some screening services.
What do landlords check when they screen tenants?: Most landlords use a tenant screening service that checks: eviction court records (filings and judgments from the past 7 years), credit report and credit score, criminal background check, employment and income verification, and rental history references. Some smaller landlords may only check credit and call previous landlords. The specific checks vary by landlord and property.
Will an eviction show up on a background check for a job?: Generally no. Standard employment background checks focus on criminal records, not eviction records. Evictions are civil court cases and are typically only reported on tenant screening reports, which are different from employment background checks. However, if the eviction resulted in a monetary judgment that was sent to collections, the collection account may appear on your credit report, which some employers review.
How do I write a letter of explanation for an eviction?: Keep it brief (one page), honest, and focused. Include: (1) a brief explanation of what happened and when, (2) what you have done to improve your situation since then, (3) evidence of current stability — steady job, income, positive rental references, (4) your commitment to being a responsible tenant. Do not blame others or make excuses — take responsibility and show what has changed.
Are second chance apartments more expensive?: Not necessarily. Some second chance programs charge the same rent as comparable units in the area. However, some landlords who accept tenants with eviction histories may require a larger security deposit (1.5 to 2 months), a co-signer, or slightly higher rent to offset the perceived risk. LIHTC (Low-Income Housing Tax Credit) properties and Section 8 housing often have flexible screening and set rents based on income.
Can I be denied housing solely because of an eviction?: In most states, yes — landlords can legally consider eviction history when screening applicants. However, some cities and states have adopted fair chance housing laws that limit how landlords can use eviction records. Additionally, if a blanket eviction ban disproportionately impacts a protected class under the Fair Housing Act, it could be challenged. Check your local laws for specific protections.
What states have eviction sealing or expungement laws?: As of 2026, over 20 states have some form of eviction record sealing or expungement law, including California, Colorado, Connecticut, Delaware, District of Columbia, Idaho, Illinois, Indiana, Maryland, Minnesota, Nevada, New York, North Dakota, Oregon, Rhode Island, Utah, Virginia, and Washington. New states are adding protections each year. The specifics vary — some seal automatically, others require a petition.

Helpful Resources

Request your free tenant screening report
CFPB guide on your rights to request and dispute tenant screening reports
HUD Housing Counseling Agency Locator
Find a free HUD-approved housing counselor near you who can help with your housing search
211.org — Housing Help
Call 211 or visit online for local housing assistance, including second chance programs
National Low Income Housing Coalition — Eviction Resources
Resources and policy information on eviction protections and affordable housing
Legal Aid — Find a Lawyer
Free legal help for low-income individuals, including eviction record sealing petitions
PolicyLink — Eviction Record Sealing by State
Comprehensive map and guide to eviction record sealing laws in each state

Disclaimer: This is informational only, not legal advice. Eviction laws, tenant screening practices, and sealing procedures vary by state and change frequently. For legal advice about your eviction record, contact a legal aid organization near you. For housing help, call 211 or contact a HUD-approved housing counselor.

Eviction-Friendly Apartments: How to Find Housing After an Eviction

Quick Answer

Eviction Filing vs. Eviction Judgment — Know the Difference

How Long Does an Eviction Stay on Your Record?

How to Rent with an Eviction — Step by Step

Check your own records first

Dispute any errors on your screening report

Check if you can seal or expunge the eviction in your state

Target the right landlords

Call before you apply

Write a letter of explanation

Strengthen your application with extras

Look into second chance apartment programs