When you apply for a new rental home or a job, your background check plays a significant role in the decision-making process of landlords and employers. One common concern is whether dismissed evictions show up on these background checks. This comprehensive guide will explore what a dismissed eviction is, how it affects your background check, and what you can do to mitigate its impact. By the end of this post, you'll have a clear understanding of the implications of dismissed evictions and how to handle them.
Understanding Evictions and Dismissals
What is an Eviction?
An eviction is a legal process by which a landlord removes a tenant from a rental property. Common reasons for eviction include non-payment of rent, lease violations, property damage, and illegal activities. The eviction process typically involves several steps:
- Notice to Quit: The landlord provides a written notice to the tenant, specifying the reason for eviction and the required action (e.g., paying overdue rent or correcting a lease violation).
- Filing an Eviction Lawsuit: If the tenant does not comply with the notice, the landlord files an eviction lawsuit (unlawful detainer) in court.
- Court Hearing: Both parties present their case in court. The judge determines whether the eviction is justified.
- Judgment and Writ of Possession: If the court rules in favor of the landlord, a judgment is issued, and a writ of possession is granted, authorizing law enforcement to remove the tenant from the property.
- Tenant Removal: Law enforcement officers execute the writ of possession and remove the tenant from the property.
What is a Dismissed Eviction?
A dismissed eviction occurs when the court terminates an eviction case without granting a judgment against the tenant. Dismissals can happen for various reasons:
- The landlord and tenant reach an agreement or settlement.
- The tenant corrects the issue that led to the eviction filing (e.g., pays overdue rent).
- The landlord fails to follow proper legal procedures.
- The tenant successfully defends against the eviction in court.
When an eviction case is dismissed, it means that the court has not issued a judgment against the tenant, and the tenant does not have an eviction on their record for that case.
Do Dismissed Evictions Show Up on Background Checks?
Background Checks and Public Records
Background checks conducted by landlords and employers typically include a review of public records. Public records can contain various types of information, including:
- Credit Reports: Information about your credit history, including debts, payments, and credit score.
- Criminal Records: Details about any criminal convictions or charges.
- Civil Records: Information about civil lawsuits, including eviction cases.
- Rental History: Details about your previous rental agreements, lease violations, and evictions.
How Dismissed Evictions Appear on Background Checks
Dismissed evictions can appear on background checks, but how they are reported depends on several factors:
Court Records
Eviction cases are filed in court, and these filings become part of the public record. Even if an eviction case is dismissed, the initial filing and subsequent dismissal can still be recorded in the court's database. When a background check is conducted, these court records may be accessed and reported.
Background Check Companies
Background check companies compile information from various sources, including court records, credit bureaus, and public databases. Some background check reports may include information about dismissed eviction cases, while others may not. The extent and accuracy of the information depend on the practices and thoroughness of the background check company.
State and Local Laws
State and local laws can influence whether dismissed evictions appear on background checks. In some jurisdictions, laws protect tenants by restricting the reporting of dismissed eviction cases. For example, California law prohibits the reporting of eviction cases that did not result in a judgment against the tenant (California Civil Code Section 1785.13).
The Impact of Dismissed Evictions on Background Checks
Rental Applications
While a dismissed eviction may appear on your background check, it does not carry the same weight as an eviction judgment. Many landlords consider the outcome of the eviction case when evaluating rental applications. A dismissed eviction indicates that the court did not find sufficient grounds to remove you from the property, which can be a positive factor in your favor.
Employment Applications
For employment background checks, the presence of a dismissed eviction may be less significant than other factors such as credit history or criminal records. However, some employers may still consider this information when making hiring decisions, particularly if the job involves handling finances or sensitive information.
Mitigating the Impact of Dismissed Evictions
1. Review Your Background Check
Before applying for a rental or job, obtain a copy of your background check to review the information that may be reported. You can request a free copy of your credit report from the three major credit bureaus (Equifax, Experian, and TransUnion) once a year through AnnualCreditReport.com. Additionally, some background check companies provide reports directly to consumers.
2. Dispute Inaccurate Information
If you find inaccurate or outdated information on your background check, you have the right to dispute it. Contact the background check company and provide documentation to support your dispute. The company is required to investigate and correct any inaccuracies within a specified time frame.
Example Dispute Process
- Step 1: Obtain a copy of your background check report.
- Step 2: Identify any inaccurate or outdated information.
- Step 3: Contact the background check company and provide a written dispute, along with supporting documentation.
- Step 4: Follow up with the company to ensure the disputed information is corrected.
3. Provide Context to Potential Landlords or Employers
If a dismissed eviction appears on your background check, be proactive in providing context to potential landlords or employers. Explain the circumstances that led to the eviction filing and the reasons for the dismissal. Providing documentation, such as court records or letters from your previous landlord, can help demonstrate that the eviction was unjustified or resolved amicably.
4. Seek Legal Advice
If you are concerned about the impact of a dismissed eviction on your background check, consider seeking legal advice. A tenant rights attorney can help you understand your rights and options, and may be able to assist with disputing inaccurate information or sealing eviction records.
Examples of Legal Aid Organizations
- Legal Services Corporation (LSC): Provides financial support to legal aid organizations nationwide.
- National Housing Law Project (NHLP): Offers resources and support for low-income tenants facing eviction.
- State-Specific Legal Aid: Find legal aid services in your state.
5. Improve Your Overall Rental and Credit History
While dealing with the impact of a dismissed eviction, focus on improving your overall rental and credit history. This can help mitigate the negative effects and demonstrate to potential landlords or employers that you are a responsible tenant or employee.
Tips to Improve Your Record
- Pay Bills on Time: Consistently paying your bills on time can improve your credit score and rental history.
- Obtain Positive References: Obtain positive references from previous landlords and maintain a good relationship with your current landlord.
- Monitor Your Credit: Regularly check your credit report for any errors or issues.
Conclusion
Dismissed evictions can show up on background checks, but their impact is generally less severe than eviction judgments. Understanding how dismissed evictions are reported and taking proactive steps to mitigate their impact can help you navigate rental and employment applications more effectively. By reviewing your background check, disputing inaccurate information, providing context to potential landlords or employers, seeking legal advice, and improving your overall rental and credit history, you can better manage the implications of a dismissed eviction.
Additional Resources
- Annual Credit Report: Obtain your free credit report.
- Legal Services Corporation (LSC): Find legal aid organizations in your area.
- National Housing Law Project (NHLP): Access resources for low-income tenants facing eviction.
- American Bar Association (ABA): Find free legal help through the ABA.
This blog post is designed to provide general information and should not be construed as legal advice. For specific legal advice, please consult with a qualified attorney.
By understanding the nuances of dismissed evictions and taking proactive steps to manage their impact, you can protect your rights and improve your chances of securing rental housing or employment. Stay informed, seek support, and take action to ensure a fair and just resolution to any rental disputes you may face.
