How Do I Keep An Eviction Off My Record?
How Do I Keep An Eviction Off My Record?
Eviction cases, or what were previously known as “unlawful detainer” cases are often problematic for tenants’ rental records. Minnesota landlords, particularly in Minneapolis, St. Paul, and the Twin Cities metro area, often conduct background checks or civil court searches to determine whether tenants have had a past eviction case against them. Having a past eviction on a tenant record can result in an immediate denial of a rental application and can make it very difficult for a tenant to find housing.
As a result, tenants should be concerned with avoiding an eviction on their record, and removing any past evictions from their rental record as well. The problem is that many tenants are not aware of how to remove evictions from their records, or may not be familiar with what, in some cases, can be a complex process. This article provides insight into maintaining or obtaining a clean rental record.
Avoid Situations That May Involve An Eviction
While this may be easier said than done, the best way to maintain a clean rental record is to simply avoid situations that risk eviction. It is most common for landlords to evict tenants for failure to pay rent, breaches of lease, or holding over after receiving a notice to vacate. Landlords may also evict tenants who use drugs or commit other crimes at the rental property, or who fail to otherwise abide by Minnesota law.
It is crucial for tenants to know what their lease requires, and to comply with those terms to the best of their ability. As long as a tenant follows the terms of the lease and maintains lawful conduct, it is extremely unlikely that a landlord will file or prevail on an eviction claim. However, in some cases there are unforeseen circumstances that lead to an eviction complaint being filed. This may include loss of income that results in the inability to pay rent. It also may include situations where a landlord wrongfully believes that the tenant is in violation of the lease, or otherwise wrongfully files for eviction. In such cases, it is important for tenants to proactively address eviction cases and seek the best legal representation possible.
Work With An Attorney During The Eviction
Often, tenants wait until after an eviction judgment is entered to seek legal advice or representation. This is a mistake, and can often lead to having to later fix a rental record that should not have been tarnished.
It is important for tenants to seek and retain an attorney as soon as they become aware that an eviction has been filed against them. Having a knowledgeable and experienced attorney can help defend against a wrongful eviction, or alternating negotiate a positive solution to an otherwise daunting situation. For example, the eviction attorneys at RAM Law PLLC often are able to either convince the court to dismiss an eviction case entirely or negotiate a much more favorable solution for our clients.
Negotiated outcomes often include making a case file confidential, expunging the eviction case record, obtaining a later move-out date for a client, or even in some cases obtaining payment from the other party for our clients.
Expunging The Record
However, even in cases where a tenant has received an eviction on their record, there are solutions that may remove the eviction from their rental history. Expungement is the most common way to remedy rental history issues, and this involves a process where a tenant, often through their attorney, files a motion and other pleadings requesting that the Court expunge, or seal, the eviction record. Once the eviction record is sealed, future landlords or property management companies can no longer find the eviction record and it no longer appears on the tenant’s rental record.
However, the Court may only expunge eviction cases in certain situations, and it is important to consult with an experienced eviction and rental record attorney for assistance. There are multiple types of expungement, and it is important to determine if a tenant qualifies for expungement prior to filing a request.
The eviction attorneys at RAM Law PLLC are experienced in handling eviction expungement cases and can provide detailed advice and representation with connection to these matters. If you are seeking assistance involving an eviction expungement, call the landlord-tenant attorneys at RAM Law PLLC or submit our convenient online form to schedule your free consultation.