An eviction filing and an eviction judgment are two different records on a screening report, and most Texas renters don’t know the distinction exists. A filing means the landlord started the legal process — a forcible detainer suit in Justice of Peace court. A judgment means the court ruled against the tenant. Dismissed filings carry significantly less screening weight than judgments, but both appear on tenant screening reports and both trigger flags at most apartment communities. The difference determines which communities will consider the application, what the third-party guarantee will cost, and how many options exist in a given metro. As of February 2026, approximately 95% of renters with either record type on their screening report will need a third-party guarantee to secure approval.
Most apartment websites, legal aid pages, and tenant rights resources explain the Texas eviction process in detail. How the landlord files. How the court hearing works. How the appeal timeline runs.
What almost none of them explain is what happens after the court case when that renter tries to find their next apartment.
That’s the gap. The eviction filing and the eviction judgment are different records on a screening report, and they trigger different responses from apartment screening software. A renter with a dismissed eviction filing from 3 years ago is in a fundamentally different position than a renter with an eviction judgment from 3 years ago. Same word on the surface — “eviction” — but the screening outcome, the number of available communities, and the total cost to get housed are different for each.
StopTXEviction.org has mapped eviction screening criteria across more than 1,000 apartment communities in Texas, and the filed-vs-judgment distinction drives placement strategy more than almost any other single factor. Here’s what each record actually means for the apartment search.
What an Eviction Filing Actually Is
A Texas eviction starts when a landlord files a forcible detainer suit in Justice of Peace court. That filing is the eviction lawsuit. Under Texas Property Code Chapter 24, the landlord must first deliver a written notice to vacate, then file the suit if the tenant doesn’t leave by the deadline.
The filing itself is a public court record. It appears in court databases the day it’s entered. Screening vendors pick it up from there.
But filing doesn’t mean the tenant lost. What happens after the filing is what matters for screening.
| Filing Outcome | What It Means | Screening Impact |
|---|---|---|
| Dismissed | Case dropped by the court — landlord didn’t pursue, procedural issue, or tenant prevailed | Moderate — still shows as a filing, but no judgment against the tenant |
| Settled | Landlord and tenant reached agreement before trial | Moderate — filing remains on record, but the resolution is documented |
| Withdrawn | Landlord voluntarily dropped the suit | Lower impact — but the filing itself still exists in court records |
| Default Judgment | Tenant didn’t show up; court ruled for landlord automatically | Severe — this is an eviction judgment, addressed in the next section |
| Contested Judgment | Both sides appeared; court ruled for landlord | Severe — eviction judgment with full court proceeding |
The filing is the lawsuit being started. The outcome is what determines the screening weight.
A dismissed eviction is not an eviction judgment. A settled case is not the same as a court ruling against the tenant. Screening software should differentiate between these. In practice, some vendors do. Some don’t. That variation is where the problem starts.
One procedural change worth noting: Senate Bill 38, effective January 1, 2026, tightened Texas eviction timelines across the board. Courts must now hold hearings between 10 and 21 days after filing. The appeal window dropped to 5 days, and tenants who appeal must pay rent into the court registry and affirm a good-faith defense under penalty of perjury. Service and writ execution deadlines are stricter. None of that changes what shows on a screening report or how communities evaluate it. But faster timelines mean default judgments can enter the system quicker when a tenant doesn’t respond to a filing — and a default judgment carries the same screening weight as a contested one. Renters who receive a notice to vacate or an eviction citation should respond within the new deadlines. A filing that ends in dismissal is a fundamentally different screening record than one that converts to a default judgment because the tenant missed the hearing date.
What an Eviction Judgment Means
An eviction judgment means the court ruled in the landlord’s favor. The tenant was legally ordered to leave the property. In most cases, a monetary award follows — unpaid rent, property damage, court costs, and sometimes attorney fees. That monetary component becomes property debt.
Two types of judgment appear most often on Texas screening reports:
Default judgment — the tenant didn’t show up for the hearing. The court ruled for the landlord without a contested hearing. This is the most common eviction judgment in Texas. Many renters don’t realize they had a court date until the record shows on a screening report years later.
Contested judgment — both parties appeared, the court heard both sides, and ruled for the landlord.
After judgment, the landlord can request a writ of possession — the court order authorizing the constable to physically remove the tenant and their belongings. The writ can be issued 6 days after the judgment is signed.
Here’s the critical downstream effect: the judgment creates a debt. That debt shows on both the credit report and the LexisNexis rental history report. Even if the renter pays the judgment in full later (a “satisfaction of judgment”), the record of the judgment itself doesn’t vanish. It shows as satisfied rather than outstanding, which is better — but the screening flag remains.
How Each Record Hits a Screening Report
This is where the filed-vs-judgment distinction stops being a legal technicality and starts being a real-dollar decision.
Apartment communities in Texas run screening through vendors like LexisNexis, RealPage, CoreLogic, TransUnion SmartMove, and others. Each vendor pulls from court records databases. When a renter applies, the screening software searches for eviction records tied to that applicant.
What the software finds determines the recommendation it sends back to the leasing office: approve, deny, or conditional.
| Factor | Eviction Filing (Dismissed/Settled) | Eviction Judgment |
|---|---|---|
| Shows on court record search | Yes | Yes |
| Shows on LexisNexis rental history | Yes (as a filing) | Yes (as a judgment, plus any debt) |
| Triggers auto-decline at most communities | Depends on recency and vendor | Yes, at most communities |
| Property debt attached | Typically no (unless separately owed) | Usually yes — unpaid rent, damages, court costs |
| Impact on credit report | No direct impact (filing alone) | Yes, if judgment debt goes to collections |
| Third-party guarantee likely required | Yes, at most communities if under 5 years old | Yes, at virtually all communities regardless of age |
The practical difference: a renter with a dismissed eviction filing from 4 years ago and no property debt has a materially different screening profile than a renter with an eviction judgment from 4 years ago with $2,800 in outstanding property debt. The screening software treats those two profiles differently. The communities that will consider each profile are different. The cost to get approved is different.
At 85-90% of Texas apartment communities, screening software makes the approval decision before a human reviews the file. The software matches the application against preset criteria. If the eviction record falls inside the community’s lookback window, the system returns a deny recommendation. At most communities, nobody overrides that recommendation.
The other 10-15% of communities have humans who actually review screening results. At those communities, the filing-vs-judgment distinction matters in real time — a leasing manager reviewing a dismissed filing from 3 years ago with strong current income makes a different decision than one reviewing a judgment with outstanding debt.
[INTAKE FORM: “Check Which Communities Match Your Eviction Profile”]
Approval Pathways by Eviction Type
The eviction type on the screening report determines the approval pathway. Here’s what that looks like in practice across Texas communities as of February 2026.
| Eviction Record | Typical Community Options | Third-Party Guarantee Needed? | Estimated Additional Cost |
|---|---|---|---|
| Dismissed filing, 5+ years old | Widest range — many communities across all property classes | Sometimes not required; property-specific | $0-$1,200 (depending on community) |
| Dismissed filing, 2-5 years old | Good range — most property classes, property-specific lookback | Required at most communities | ~One month’s rent ($1,000-$1,800) |
| Dismissed filing, under 2 years | Narrower — property-specific evaluation required | Required at nearly all communities | ~One month’s rent |
| Judgment, satisfied, 5+ years old | Moderate range — property-specific, guarantee often still needed | Required at most communities | ~One month’s rent |
| Judgment, satisfied, 2-5 years old | Limited — screening match is essential | Required | ~One month’s rent |
| Judgment, unsatisfied (active debt) | Most limited — fewer communities, guarantee mandatory | Required at all communities | ~One month’s rent + property debt resolution strategy |
The core screening reality: Approximately 95% of renters with an eviction filing or judgment on their screening report will need a third-party guarantee to secure approval. The guarantee acts as financial insurance for the apartment community. A bonding company steps in and covers up to 3 months of rent if there’s another eviction or broken lease during the lease term. That removes the community’s financial objection to approving someone with eviction history.
The cost runs roughly one month’s rent — on a $1,400/month apartment, expect around $1,400 for the guarantee. Some providers allow a split payment over several months.
The narrow exception: Some communities can approve without the guarantee when all three conditions are met: property debt under $1,000, credit score above 600, and income at 3x the monthly rent. This is property-specific and identified through the screening process. It isn’t something renters can reliably find on their own.
For renters with a dismissed filing, the pathway is often faster and the community options are broader. Renters with a judgment — especially an unsatisfied one with active property debt — face a shorter list and need the guarantee at every community on it.
Honest reality: Even a dismissed eviction filing under 5 years old triggers the third-party guarantee requirement at most communities. The filing-vs-judgment distinction changes how many options exist and how some communities evaluate the application. It doesn’t bypass the screening system entirely. Renters with dismissed filings have more doors open, but the guarantee is still what gets the application through at most of them.
For renters with eviction judgments combined with property debt above $1,500 and credit below 550, calling 1-877-595-8745 connects directly to the screening team that matches profiles to communities with compatible criteria.
What It Costs to Rent with Each Eviction Type
The total move-in cost changes based on the eviction type on the screening report. Here’s what the numbers look like for a $1,400/month apartment as of February 2026.
Renter with a dismissed eviction filing (3 years old, no property debt, 590 credit):
- First month’s rent: $1,400
- Security deposit: $700-$1,200 (credit-dependent)
- Third-party guarantee: ~$1,400
- Admin fee: $150-$300
- Application fee: $50-$75 per adult
- Estimated total: $3,700-$4,375
Renter with an eviction judgment (3 years old, $2,500 property debt, 530 credit):
- First month’s rent: $1,400
- Security deposit: $1,400+ (one month’s rent at this credit range)
- Third-party guarantee: ~$1,400
- Admin fee: $150-$300
- Application fee: $50-$75 per adult
- Estimated total: $4,400-$4,575+
- Plus: property debt resolution strategy needed (the $2,500 doesn’t disappear)
The filed-vs-judgment difference shows up in two places: deposit amounts (dismissed filings often qualify for lower deposits at some communities) and community availability (more communities = more competition = better chance of finding concessions or lower deposits).
The real cost difference isn’t the $500-$700 gap in the move-in numbers. It’s the application fees burned before getting to the right community. A renter applying blind — without knowing which communities accept their eviction type — spends $50-$75 per application. Five rejected applications is $250-$375 in non-refundable fees. The screening form at StopTXEviction.org captures the eviction type, age, debt status, credit range, income, and target area, then matches to communities with compatible criteria. No blind applications. No wasted fees.
Two Renters, Same Metro: How the Distinction Plays Out
Renter A: Single dismissed eviction filing from 2022. No property debt. Credit score 580. Gross income $4,200/month. Target: Austin metro, $1,200-$1,400 rent range.
Renter A’s screening profile matches communities across multiple property classes. The dismissed filing is noted but doesn’t carry judgment weight. With income clearing 3x rent at the $1,400 level, the third-party guarantee is the pathway at most communities, but the number of options is broad. Renter A applies at a matched community, completes the guarantee payment, and signs a lease within two weeks.
Renter B: Eviction judgment from 2022 with $3,100 in outstanding property debt. Credit score 510. Gross income $3,800/month. Target: Austin metro, $1,200-$1,400 rent range.
Renter B’s screening profile is different. The judgment plus active property debt flags the application harder. The community list is shorter. The guarantee is mandatory. At $3,800/month income, the $1,400 rent target clears the 2.5x threshold but not 3x — which some communities require. The property debt needs a resolution strategy (whether that’s payment, negotiation, or bankruptcy discharge documentation if applicable). Renter B’s path takes longer and requires more precise community matching.
Same word — “eviction.” Same metro. Same rough rent target. Different record type, different screening outcome, different cost, different timeline.
Frequently Asked Questions
Does a dismissed eviction show on a background check in Texas?
Yes. The filing itself is a public court record. Screening vendors like LexisNexis and RealPage pick up the filing regardless of outcome. A dismissed eviction shows as a filing without a judgment, which carries less screening weight than a judgment — but it still appears and still triggers flags at communities with strict screening criteria. When an eviction goes on your record depends on when the landlord files the suit, not when the case resolves.
How long does an eviction filing stay on your record in Texas?
Eviction filings can remain on screening reports for 7 years from the date of filing under FCRA guidelines. Texas doesn’t have a state law that automatically seals or expunges eviction filings. Some screening vendors report filings for shorter periods depending on their default lookback windows, but the court record itself remains public.
Is a default judgment the same as a regular eviction judgment?
From a screening perspective, yes. A default judgment (entered because the tenant didn’t appear in court) carries the same weight on a screening report as a contested judgment. The screening software doesn’t distinguish between them. The record shows a judgment was entered — the circumstances behind it don’t factor into the automated screening decision.
Can paying off an eviction judgment improve my chances of getting approved?
Paying the judgment changes the record from “unsatisfied” to “satisfied,” which is better for screening. But paying off the debt doesn’t remove the judgment from the screening report. LexisNexis and other vendors still show that a judgment existed. The third-party guarantee is still likely required at most communities. Paying the debt is the right long-term move — it just doesn’t fix the immediate screening flag.
What is a third-party guarantee, and how does it help with an eviction on my record?
A third-party guarantee is financial insurance for the apartment community. A bonding company guarantees the lease and covers up to 3 months of rent if there’s another eviction or broken lease during the lease term. This removes the community’s financial objection to approving someone with eviction history. The cost is typically one month’s rent paid upfront. Third-party guarantees cover financial risk only — they don’t override a community’s criminal background screening.
How much does it cost to get approved with an eviction in Texas?
Total move-in costs for a $1,400/month apartment with eviction history typically run $3,700-$4,600 as of February 2026, including first month’s rent, security deposit, the third-party guarantee fee, admin fees, and application fees. The exact amount depends on credit score (which affects deposit), eviction type (filing vs. judgment), and the specific community’s requirements. Renters with eviction history should budget approximately 3-3.5 months of rent as total move-in cost.
Is StopTXEviction.org really free?
StopTXEviction.org is a free apartment locating service. After matching to a community, renters select “Apartment Locator” or “Locator Service” on their application and list Spirit Real Estate as the referring source. The community pays a referral fee from their marketing budget. The renter’s rent, deposit, and move-in costs are identical to what they’d pay applying on their own.
What’s the difference between an eviction and a broken lease?
A broken lease means the tenant left before the lease ended. An eviction means the landlord filed a lawsuit to remove the tenant. They’re different records on a screening report with different screening impacts. Some renters have both. Some have one but not the other. A broken lease with no outstanding balance is treated differently than an eviction judgment with property debt.
The Filing-vs-Judgment Distinction Is the Starting Point
The eviction type on the screening report determines the strategy. A dismissed filing opens more doors than a judgment. A satisfied judgment opens more than an unsatisfied one. Each record type maps to a different set of communities, a different cost structure, and a different timeline.
But knowing the distinction is only useful if it connects to action. The screening form at StopTXEviction.org captures the eviction type, age of the filing or judgment, property debt status, credit range, income, and target area. The team screens that profile against community-specific criteria across Texas and responds within 24 hours with matched options.
Fill out the screening form or call 1-877-595-8745 to get matched to communities that fit.
Screening criteria are set by individual apartment communities and are subject to change without notice. The information provided reflects documented policies as of February 2026 but does not guarantee approval. Final approval decisions rest with property management companies.
StopTXEviction.org is not a law firm and does not provide legal advice. All legal information is for informational purposes only. For legal advice specific to your situation, consult a licensed Texas attorney or contact TexasLawHelp.org for free legal resources.
Rental pricing and market data are estimates based on available information as of February 2026 and are subject to change. Verify all pricing directly with the property.