Can You Rent With a Dismissed Eviction? Filing vs. Judgment in Texas

Last reviewed October 22, 2026. This is general information about renting in Texas, not legal or financial advice. Laws, prices, and screening rules change, so confirm details with each community and talk with an attorney about your own situation.

We get it: looking for an apartment in Texas with an eviction on your record is stressful. Screening software can turn you down instantly over a single mark. A lot of renters end up feeling stuck.

This is the kind of case our team works every week in Austin, Houston, Dallas, Fort Worth, and San Antonio. The first thing most renters ask us: can you rent with a dismissed eviction? In many cases you can, and the details of your case decide where to start.

Let's go over the big difference between a filing and a judgment.

Which one you have decides which properties to go after. Then we'll lay out a clear plan for your search.

A filing with no judgment

A filing without a judgment means the eviction case was started, but the court never ruled. Landlords pay a filing and service fee to start the case in a justice court. In Travis County, that's $144 (opens in new tab). That creates a public record right away.

These cases can end a few different ways.

It might have been:

• Dismissed by the court
• Withdrawn by the landlord
• Settled before the hearing, with a deal to move out or pay
• Dropped after you moved and the landlord stopped pushing it

This is the easiest kind of eviction mark to get past. Screening software like RealPage and Yardi will still flag it, since it's public record. The leasing agent will see an alert before they ever look at your application.

We work around those filters by going after properties where a real leasing manager makes the call. Some Texas communities will consider a filing without a judgment if the rest of your file looks right.

Here's what they look for:

• The filing was more than two or three years ago
• Anything you owed on it is paid in full
• Your rental history since then is clean
• You can prove you make at least three times the rent each month

Application fees in Texas often run $50 to $85 per person. Many complexes charge an admin fee of about $100 to $250 on top of that. We hate seeing renters waste $300 on an automatic no.

Going after the right kind of property saves you a lot of money and frustration.

Where to Start With a Filing

Some kinds of properties are much easier on these records. Here's where we'd start.

Best bets for a filing:

• Workforce housing in the suburbs around each metro
• Older midrange communities where a real person reads applications
• Newer suburban communities with units to fill
• Midrange properties with second chance programs

Where You'll Likely Get Turned Down

Is your filing recent? Stay away from these:

Unlikely to approve a filing:

• Class A downtown high rises that use strict automated screening
• Most big corporate luxury communities
• Older properties with strict score cutoffs

Judgment

A judgment means the judge ruled against you in court. That's a serious record, and it counts heavily against you. Under the Fair Credit Reporting Act, it can stay on tenant screening reports for up to seven years from the day it's entered. It no longer shows up on credit reports from the big three bureaus.

Clients with a judgment have a much steeper hill to climb, but you can still get approved. The communities that approve judgments tend to have a few things in common.

They usually have:

• A person who reviews applications, not just software
• A recent history of approving second chance applicants
• Openness to higher deposits or guarantor services
• A focus on workforce housing

Where to Apply with a Judgment

Our whole plan changes when a judgment shows up on a background check. Many regular apartment complexes will turn you down automatically. Newer suburban properties that take filings often draw the line at a judgment.

So we shift the search. We look for suburban spots with more flexible management.

Best bets for a judgment:

• Workforce housing built after 2018
• Properties with their own second chance programs
• Older midrange communities with managers who've been there a long time
• Some suburban communities that take higher deposits

What Gets a Judgment Approved

To get past a court ruling, your application has to be very strong. Landlords take a big risk on a second chance applicant. On a $1,500 a month apartment, three times rent is $4,500.

A judgment changes the math. Your file has to show you're a safe bet.

What helps:

• At least three years since the judgment
• The balance paid in full, with proof
• A strong explanation letter
• A steady job with proof of income at three times the rent
• Being willing to pay a higher security deposit

When you don’t know which you have

Lots of renters know there was an eviction but don't know how the case ended. Guessing wrong is an expensive mistake. Applying blind will cost you fees you won't get back.

Our first step is always to find out where the court case stands. Pulling your official record gives you the answer.

Here's how to check:

• LexisNexis Risk Solutions: Ask for your free file (opens in new tab). The Fair Credit Reporting Act gives you the right to see it.
• Justice court records: Evictions are filed in justice courts, so search the records for the county where you rented. See the list below.
• Original landlord: Call your old property manager and ask how the case ended.

Here's where to search justice court records in each metro we cover:

• Austin (Travis County): Travis County Justice of the Peace records (opens in new tab)
• Houston (Harris County): Harris County Justice Courts case search (opens in new tab)
• Dallas (Dallas County): Dallas County courts portal (opens in new tab)
• Fort Worth (Tarrant County): Tarrant County court records search (opens in new tab)
• San Antonio (Bexar County): Call the justice of the peace court for the precinct where you rented.

What we find out changes which communities go on your short list. A dismissed case opens up many options that a judgment would close. Property managers like applicants who get their background right and are honest about it from the start.

Our locators can push much harder for you when they know the facts.

How we match each case

We start as soon as you tell us about your rental history. To build your plan, we need three answers. First, is the court record a filing or a judgment?

Second, when did it happen? Third, do you still owe anything? Those three answers shape everything.

Here's how it usually plays out:

Record Type	When & What You Owe	Your Options
Filing	3+ years ago, paid balance	A wide list opens up: workforce housing, places with hands-on managers, and midrange properties.
Filing	Recent, paid balance	Fewer options, but still doable at workforce housing and buildings where a human makes the call.
Judgment	3+ years ago, paid balance	Only properties where a real person reads every application. You'll need a strong letter.
Judgment	Recent, open balance	Very few options. You'll usually need a much higher deposit or a guarantor service to get approved.

This keeps you from applying at properties that will turn you down on the spot. Every no costs money and wears you down. The smart plan is to apply only where they've recently approved cases like yours.

We want your time spent only on places that could really say yes.

Start your profile

Tell us what’s on your record to get a real short list of communities in your Texas metro that work with renters who have an eviction. It's free, and we work with every credit score, including under 500.

Within 24 to 48 hours on weekdays, we'll send your list, with no judgment about your past.

Frequently Asked Questions

Is a dismissed eviction easier to rent with than a judgment?

Yes, by a lot. Texas communities forgive a dismissed filing, or a filing with no judgment, much more easily. Some don't count a dismissed filing at all if it's more than a year or two old.

Which communities approve renters with eviction judgments?

Communities where a real person reads your file. That includes many workforce housing properties, older midrange communities, and properties with second chance programs. Almost never Class A properties that screen by software.

Should I explain my eviction record on the application?

Often, yes, especially where a real person reads the application. A clear letter should name the eviction, explain what happened, and show what's changed. That goes over better than letting the leasing office find it on the screening report.