How to Dispute an Eviction
Disputing an eviction on your credit report can be difficult and time-consuming. It's simpler to be a good tenant or try to settle with your landlord without going through the eviction process. Once an eviction is on your credit report, it may be impossible to remove if it is there accurately. You may have to deal with both a credit bureau and a tenant reporting agency to clear your name, but if you have patience, it can be fought under certain legal circumstances.
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Instructions
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Disputing an Eviction on a Credit Report
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Check your credit report from the three national reporting agencies to see which report you as having been evicted (see Resources). Experian, Equifax and TransUnion are different companies, so disputing the eviction claim with one does not eliminate the information from all your credit reports.
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Determine if your eviction was legal. If a judge ruled against you and ordered you evicted you from the landlord's premises because you failed to pay rent or breached the lease, nothing can be done about the eviction on your credit report. It will stay as a black mark on your record for seven years before it is automatically erased.
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If your eviction was reported inaccurately or the judge found in your favor, write a letter disputing the claim to the credit reporting agency listing the eviction. (For a sample letter from Privacyrights.org, see Resources.) Include copies of all documents supporting your claims, such as receipts for rent paid. The Federal Trade Commission recommends sending the letter "return receipt requested." The credit reporting agency must investigate your claim within 30 days. Depending on the findings, the record will either be expunged or kept on file.
Disputing an Eviction With a Tenant Reporting Agency
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Check with your local tenant reporting agency to see if it has an inaccurate eviction notice on file. These organizations work from public records and often update their databases before judges rule on cases, or are lax about removing individuals from their records after an eviction is dropped.
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Send a letter to the tenant reporting agency disputing the claim. Supply copies of records, such as a judge's order of dismissal, that support your position.
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If the tenant reporting agency does not respond, you may need to retain a tenant's rights lawyer. Tenant reporting agencies may be liable to charges of defamation of character or libel for misreporting evictions or harmful information about you.
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Tips & Warnings
The process may take a long time. Don't give up hope.
Keep original copies of every document. Never send original copies to any agency.
References
Resources
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