The Twin Cities rental market has been tightening up since last summer, so it’s no surprise that people seeking to rent apartments might find past eviction judgements holding them back. Landlords are increasingly in a position where they can cherry-pick their renters, to the detriment of those who might have court eviction (unlawful detainer) records against them.
Minnesota law does allow certain unlawful detainer records to be sealed from public access, but be aware that the unlawful detainer expungement statute doesn’t have quite the broad sweeping power that the better-known criminal expungement law has. Evictions can only be expunged when the landlord’s case was “sufficiently without basis in fact or law,” it is “clearly in the interest of justice,” and there is little or no reason for the public to know of this case. (See Minn Stat. 484.014 subd. 2.) If you were evicted last year for uncontested failure to pay rent owed, the expungement statute likely cannot be applied. Not all such situations are hopeless, however, for rental records can only be searched seven years back by tenant screening companies as per the Fair Credit Reporting Act. Your ten-year-old eviction is less likely to be a problem than last year’s.
Is expungement the right solution for you? If not, what other options are there? Depending on the situation, you may decide to be up front with a potential landlord rather than hoping they won’t learn about last year’s eviction (which they likely will). You may be better off explaining that you lost your job and couldn’t pay the rent, but that you now have a new job. For advice and help in deciding which approach is best for you, consider coming to either our Housing and Conciliation Court clinic or the SMRLS workshops for unlawful detainer expungements at the Rondo Outreach Library. The attorneys at either clinic can help you assess your options. Meanwhile, you might find many answers to your questions through this Legal Aid fact sheet on expunging an eviction case.
