Broken Lease vs Eviction: What Screening Can Show

Keep the lease, the balance and the court record separate

A broken lease means a lease ended early or its terms weren’t met. On its own, it doesn’t tell you if you still owe money or if there’s a court case. An eviction goes through court. A case can be filed and then dismissed, or it can end in a judgment. A dismissed case and a judgment aren’t the same result.

Start with the lease, any move out letters or emails, the account statement that lists each charge and any court papers. A collection notice doesn’t prove a court ordered an eviction. And a balance you’ve paid or settled doesn’t prove a court record was removed.

The difference matters a lot for your search. From what we see, many communities that will look at a broken lease won’t take an eviction judgment. So know exactly which one you have before you apply.

Check what the community actually looked at

If you were denied, the notice should name the screening company that ran the report. Compare names, addresses, dates, balances and how any case ended. A similar name doesn’t mean the record is yours.

Did a report play a part in a denial or other bad news on your application? Read the notice and ask for a copy of the report. The CFPB explains what the notice should tell you about the screening company and your right to dispute.

Questions to ask each side

• For whoever holds the account: what charges make up the balance, and what payments or changes do they show?
• For the court: what’s the case number, and how did the case end?
• If your eviction case is still open, ask a lawyer or legal aid office which deadlines are coming up.

You don’t need to call communities to ask how they weigh a broken lease, a balance or an eviction. That’s our job. We call communities, keep track of what each one tells us it takes and send you the ones that fit what you told us. We don’t fix a wrong record for you, and we don’t take the place of legal help with an open court case.

Sources and further help

• CFPB: tenant screening reports and your right to see them