EVICTION EXPUNGEMENT FAQ

I WAS NEVER EVICTED; I SETTLED WITH MY LANDLORD AND STAYED IN MY APARTMENT FOR TWO MORE YEARS. WHY IS THERE A UD ON MY RECORD?

Under Minnesota law "eviction" is defined as a summary proceeding to remove a tenant or occupant from real property. In other words, the case, itself, is the eviction, regardless of whether or nor a court has ordered you to vacate the Premises. Unless and until that case is sealed (i.e. "exunged"), it can and will show up as an unlawful detainer on your rental history.

HOW LONG CAN AN EVICTION STAY ON MY RECORD?

Under 15 U.S.C. §1681c of the Fair Credit Reporting Act ("FCRA") a tenant screening agency cannot report your eviction case after 7 years.

SO A POTENTIAL LANDLORD CAN'T FIND OUT ABOUT AN EVICTION THAT'S MORE THAN 7 YEARS OLD?

Not necessarily. The 7 year rule only applies to the length of time a tenant screening agency that compiles reports about prospective tenants can tell landlords about the existence of an eviction case. However, the Minnesota court's public access website can report cases for a much longer period of time. If a potential landlord searches those records directly, they may see and consider eviction filings older than 7 years. Consequently, there is a benefit to expunging very old UD files.

WHAT IS A TENANT SCREENING AGENCY?

A tenant screening agency is a company that provides tenant screening reports to landlord regarding prospective tenants. The vast majority of tenant screening reports contain records of evictions (also know as unlawful detainers) filed against individuals in a particular state or multiple states. Additionally, many tenant screening reports will include credit records taken from one of the "Big 3" credit reporting agencies. 

HOW DO I KNOW WHICH TENANT SCREENING AGENCY TOLD MY POTENTIAL LANDLORD ABOUT MY PAST EVICTION?

Under Minnesota law (Minn. Stat. §504B.173), a residential landlord charging a screening fee is required to provide written notice of the name, address, and telephone number of the tenant screening agency from which it will obtain a tenant screening report. If your housing application has been declined, ask the potential landlord for the information he or she should have provided you in the first place.