Why Eviction Records May Soon Be Sealed in a Rental Market Near You

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Privacy and renter rights activists have been calling to have eviction records be sealed. What would that mean for the multifamily industry?

As eviction rates surge across the U.S., multifamily landlords are grappling with the aftermath of pandemic-era renter protections that provided temporary relief but left lasting challenges. While eviction moratoriums and emergency rental assistance helped thousands of tenants stay housed during the height of COVID-19, today’s housing landscape is a far cry from that stability. With rising rent burdens and a lack of affordable housing options, evictions are now surpassing pre-pandemic levels, especially in cities across the Sunbelt. In response to this difficult situation, regulators are implementing a new set of laws aimed at protecting tenants' eviction histories which, while well intentioned, could add another layer of complexity for landlords trying to assess risk.

Recent legislation in several states has started to seal eviction records, especially those that are dismissed or ruled in favor of the tenant. This shift in policy aims to mitigate the long-term impact of an eviction filing, which can stigmatize renters and limit their housing options for years. Studies have shown that even the mere filing of an eviction can significantly harm a tenant’s future prospects, even when they aren't ultimately evicted. As more states adopt similar rules, the question arises: how can landlords continue to make informed decisions about potential tenants without access to these crucial records?

While these new laws are designed to protect renters, they are causing friction in the multifamily industry, where eviction history has long been a key factor in tenant screening. For landlords, eviction filings serve as a barometer for financial reliability and stability. Yet, eviction court filings often fail to paint an accurate picture, as many cases end in settlements or voluntary departures without an eviction judgment. The result is a growing debate over whether it’s fair—or practical—to use these filings to determine a renter’s future eligibility when the data may be incomplete or misleading.

As tenant-friendly regulations continue to evolve, landlords must balance the need for thorough screening with the reality of a shifting legal landscape. Will the growing trend of sealing eviction records make it harder for property owners to manage risk? Or will it offer a fairer chance for renters who are trying to rebuild their housing stability? In an era of increasing eviction rates and evolving tenant protections, the multifamily industry faces a difficult challenge in navigating these complex, often conflicting forces. The answer may lie in finding a middle ground—one that protects both the rights of renters and the financial security of landlords.

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