How to Move On After an Eviction – Up News Info

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Try to protect your file

The Clatsop County Courthouse in Astoria, Oregon.

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Past evictions can make it difficult for people to find new housing, said Ariel Nelsonattorney at the National Consumer Law Center.

“Some landlords automatically deny requests based on eviction records, regardless of the outcome or background,” Nelson said.

For starters, there are usually two places the old eviction might show up on your record, said Marie-Claire Tran-Leungsenior attorney for the National Housing Law Project.

It may be part of the public records of the courthouse where the eviction was filed, and it may appear on a tenant screening report compiled by a third-party company that serves landlords.

If the eviction record has been sealed but still appears on a tenant screening report, the person should dispute the information.

Ariel Nelson

staff attorney at the National Consumer Law Center

It depends on where you liveyou may be able to have the public record of your deportation sealed, Tran-Leung said.

For example, in Oregon, tenants can ask the court to expunge eviction records when the tenant was successful or when the case ended more than five years ago. Illinois pass a law last year making it possible to seal many evictions if they took place before or during the health crisis.

Other states may follow suit: American Bar Association advised this month that more courts are sealing eviction records when the case is still pending or has been dismissed.

Find out, perhaps with your local legal aid office, if your state or county has such laws. If not, it’s still worth asking the court if they would expunge or seal your record, lawyers say.

Some judges will do this on a case-by-case basis.

Regarding the Tenant Selection Report, there are cases where you can try to challenge the mark against youNelson said.

“If the eviction record has been sealed but still appears on a tenant screening report, the person should dispute the information,” Nelson said. “In addition, the Fair Credit Reporting Act prohibited the reporting of deportation files dating back more than seven years. »

Communicate with future owners

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If a potential landlord has rejected your rental application based on information in a tenant screening report, they are required to notify you of this “adverse action,” according to the Consumer Financial Protection Bureau.

You then have the right to request a free copy of the report from the tenant verification company used by the landlord. The landlord who turned you down is obligatory to provide you with the name, address and telephone number of the monitoring company.

Meanwhile, in some jurisdictions, landlords face limitations on denying claims due to eviction, Tran-Leung said.

In philadelphia cream, for example, landlords cannot have a general policy of turning people away because of a previous eviction. Property owners in New York can also face penalties for doing so.

If your rental application was denied, it may be worth trying to speak with the landlord about your story, Nelson said.

“It can be effective for the potential tenant to send a letter to the landlord with the request explaining the background surrounding any eviction cases and providing information about their positive history as a tenant,” she said.

You might also want to explain why you won’t fall behind with a new owner, Tran-Leung said. “If the past eviction was for non-payment of rent, the applicant should be able to show that her income has stabilized or increased significantly, or that the amount of rent she will be responsible for is much lower. »

Consider seeking mental health support

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This is unlikely to come as a surprise to anyone who has faced eviction: losing your home can be traumatic. A growing body research shows that evictions impact people’s mental health in several ways, including increasing their risk of depression, anxiety and insomnia.

Some people may want to seek therapy to process what they’ve been through, experts say.

open the way connects people with therapists who offer sessions for as little as $30, and The American Psychoanalytic Institute lists the centers where psychoanalysts in training receive patients for a relatively affordable price. The American Psychological Association website has a guide to finding professional help.

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How to Move On After an Eviction – Up News Info