Many renters have heard that if they move out before their eviction hearing or sign a move-out agreement with their landlord, there will not be an eviction on their record.
Unfortunately, that’s not quite true.
While reaching an agreement to move out can sometimes help avoid additional legal proceedings, it does not erase the eviction filing from your record. The eviction filing stays on the renter’s record, even if there is no eviction judgment. That record alone can create challenges when it’s time to find a new place to live.
Landlords and tenant screening companies review these records when deciding whether to approve a rental application. That means a renter who did everything they could to resolve an eviction situation may still face obstacles months or even years later.
Depending on a property’s policies, applicants with eviction records may encounter:
These barriers can force families into less stable housing, extend periods of homelessness, or limit their choices to more expensive or lower-quality rentals.
Before signing any agreement, it’s important to understand what it means for your rights and whether the eviction case will still appear in court records.
A move-out agreement resolves possession of the property, but it does not automatically remove an eviction filing in the court system or eliminate the court records.
If an eviction is pending, the eviction filing remains on the renter’s rental history record. It also stays after a move-out agreement ends in dismissal. Before paying a rental application fee, renters should know whether an eviction filing could reject their application. This applies even if the eviction is pending or dismissed. Some landlords will not rent to people who have ever had an eviction filed against them. This includes evictions that are still pending.
If you’re facing an eviction, seek legal advice early. Early advice helps you understand your options. This may prevent decisions that could affect your future. We can help eligible individuals and families understand the eviction process, negotiate with landlords, or represent them in court.