Eviction & Credit Report

How long does a eviction stay on your credit report?

How long does a eviction stay on your credit report?

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Bill's Answer
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Not all landlords report their experiences with tenants to Experian, Equifax, or TransUnion. In fact, none of my landlords appear on my credit reports and I have rented properties in Texas, Ohio, New Hampshire, and California. However, I am not suggesting that no landlords report their tenants to the big-three consumer credit reporting agencies — but not all do.

Because you ask, "How long does a eviction stay on your credit report?" this answer assumes the eviction already appears on your credit report. The eviction will appear as a collection account, which is in other words a debt.

Fair Credit Reporting Act

Federal law (US Code Title 15, §1681c) controls the behavior of credit reporting agencies (CRAs). The specific law is called the Fair Credit Reporting Act (FCRA). Under FCRA §605 (a) and (b), an account in collection will appear on a consumer’s credit report for up to 7½ years. To determine when an account will be removed by the CRAs (TransUnion, Equifax, and Experian and others), add 7 years to the date of first delinquency. The date of first delinquency is shown in credit reports. Subsequent activity, such as resolving the debt or one debt collector selling the debt to another collector, is irrelevant to the 7-year rule.

Some debts have a reporting period longer than 7 years, including:

  • Tax liens: 10 years if unpaid, or 7 years from the payment date
  • Bankruptcy: 10 years from the date of filing (15 U.S.C. §1681c)
  • Perkins student loans: Until paid in full (20 U.S.C. §1087cc(c)(3))
  • Direct and FFEL loans: 7 years from default or rehabilitation date (20 U.S.C. §1080a(f)(1) and 20 U.S.C. §1087e(a)(1))
  • Judgments: 7 years or the debtor’s state statute of limitations on judgments, whichever is longer

The FCRA 7-year rule is separate from state statutes of limitations for debt issues.

Landlords & Credit Reports

Landlords can do more than look to the big-three consumer credit reporting agencies to determine whether to rent to a prospective tenant. One or more companies in the US comb through public court records searching for eviction notices. If a landlord uses legal means to evict a tenant, this eviction will appear in a public record, which in turn winds up in a database. Landlords can get a credit-report-like document on a prospective tenant’s previous eviction orders.

Therefore, an eviction may or may not appear on your conventional credit report. If the landlord had to go to court to obtain your eviction, then your eviction may appear in various databases designed for landlords.

I hope this information helps you Find. Learn & Save.

Best,

Bill

Bills.com

1 Comments

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    Sep, 2010
    NJ
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