Federal law does not stop a landlord from considering an eviction filing, but a screening report that shows the case without its dismissal may be inaccurate or misleading under the FCRA. Some states also seal or restrict dismissed eviction records.
A landlord can file an eviction case and later drop it, lose it, or settle it. Even so, the filing can follow a tenant onto future screening reports. Whether that is lawful depends largely on how the case is reported.
What the FCRA requires of the screening company
Tenant screening companies are consumer reporting agencies. Under § 1681e(b), they must follow reasonable procedures to assure maximum possible accuracy. A report that lists an eviction filing but leaves out that it was dismissed, or that you won, can give a landlord a false impression that you were evicted. Reporting the filing without the outcome may be inaccurate or misleading.
The CFPB’s November 2022 report on the tenant screening market identified public records, including eviction records, as one of three areas of challenges for renters.
What the landlord must do
The FCRA generally does not tell a landlord which records it may consider. But if a landlord denies you, requires a co-signer, or charges a larger deposit or higher rent based on a screening report, the FTC says the landlord must give you an adverse action notice naming the screening company and explaining your right to a free copy of the report and to dispute it.
State and local law
Some states and cities seal eviction records or restrict how they can be reported or considered. These rules vary widely.
What to do
- Get a copy of the screening report.
- Get the court record showing the dismissal or judgment in your favor.
- Dispute the entry with the screening company under § 1681i. It generally must reinvestigate within 30 days.
- Send the landlord the court record and tell them you have disputed.
If you were turned down because a screening report showed a dismissed eviction without its outcome, a free case review can help you understand your options, with no fee unless we win.
Related
- Tenant screening lawsuits
- How to Dispute a Tenant Screening Report: Evictions, Sealed Records and Wrong-Person Errors
- Companies we sue
Sources
- 15 U.S.C. § 1681e (Cornell LII)
- 15 U.S.C. § 1681i (Cornell LII)
- FTC: Using Consumer Reports: What Landlords Need to Know
- CFPB: Tenant Background Checks Market (Nov. 2022)
Updated November 2026. This page is general information, not legal advice.