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Old 04-27-2015, 11:14 AM
 
128 posts, read 123,167 times
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Hello - I live in Massachusetts, and am moving to FL. Here's the situation:

My LL (my Dad) evicted me after getting tired of taking care of me and my illness for 5 years. Luckily, i am better anyway, and am now moving to FL. I paid him all rent owed, so his housing court case is simple: he wants a judgement that i cant move back in.

Which i'm fine with, and have offered to settle, but he wont drop the case (I already moved out). I cant see how the judge will let it go to judgement, since there's no issues left to litigate, but my Dad really wants to stick it to me (long family history of abuse by him against me) and get an eviction on my record, and wants to proceed to trial. The funny thing is, it will show as a $0 civil judgement, because i paid all rent, as i am not a deadbeat. I do have a lawyer, who says my Dad does technically have a right to proceed to trial, but we're obviously hoping the judge pressures my Dad to settle, since i do not want to move back in.

How will this hurt my chances of getting an apt in FL? Assuming we dont settle, this judgement (even though $0) may go on my credit report. So while it wont show as a collection account, it may show up in the 'civil judgements' section.

Any ideas on how this generally might or might not hurt me in getting a small studio in Miami? I know the "landlord culture" varies across the country. I have an 800 fico score, six figures in the bank, an 80k per year income, and no criminal record. Also, no pets, and i dont smoke.
Thanks, Bill

Last edited by BillS111; 04-27-2015 at 11:36 AM..
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Old 04-27-2015, 11:26 AM
 
Location: Miami
6,853 posts, read 19,807,999 times
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Moved this to the general Florida forum.
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Old 04-27-2015, 11:28 AM
 
128 posts, read 123,167 times
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oops, sorry doggiebus, should i delete the other post i made? thanks
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Old 04-27-2015, 11:39 AM
 
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You'll be fine, I wouldn't worry one bit about that, i doubt it will show up anywhere when you go to get an apartment. Generally when leasing they care about nothing other than your income (which is plenty).
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Old 04-27-2015, 11:58 AM
 
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Thanks 02blackgt! It seems like that when i call around. Some have only asked for proof of tax returns.
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Old 04-27-2015, 02:55 PM
 
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As the case can still technically go forward one thing you can do is to notarize a letter stating that you will not move back in at any date in the future and send it to your father (registered mail, return receipt) and keep a copy. There would be nothing for the judge to "judge" in that case and he might dismiss it without a ruling.

Also, while I don't doubt that your father has your SSN, how can a $0 judgment to a private creditor end up on a credit report? You didn't apply for credit on the lease agreement did you? Did you have a written lease agreement or was it oral?
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Old 04-27-2015, 03:50 PM
 
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You should be fine. perhaps you can ask the judge to throw out the eviction since you don't owe money and do not have to be removed by a sheriff.

If you have good credit and money to put down first, last and security most landlords will be happy to have you. Some smaller places that are not corporations or property management companies won't even check stuff. I moved to Florida almost 7 years ago, my first place I was not even working yet, but I have saved enough to carry me for a year or more, the second place didn't do a background check or ask for income verification. I got lucky, but I always paid my rent and was a good tenant.

Best things is to make amends with your father, tell him you are sorry and ask him to drop the case.
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Old 04-27-2015, 03:55 PM
 
128 posts, read 123,167 times
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Quote:
Originally Posted by markjames68 View Post
As the case can still technically go forward one thing you can do is to notarize a letter stating that you will not move back in at any date in the future and send it to your father (registered mail, return receipt) and keep a copy. There would be nothing for the judge to "judge" in that case and he might dismiss it without a ruling.

Also, while I don't doubt that your father has your SSN, how can a $0 judgment to a private creditor end up on a credit report? You didn't apply for credit on the lease agreement did you? Did you have a written lease agreement or was it oral?
Thanks, that would work, except some of my property is still there, and he wont let me get it. He's obstructing on purpose, to drag the case on.

We've already sent in writing to the other side that i cede possession, so that part is all set.

The $0 judgement doesnt go on the 'collections' part of a credit report, but it *does* go in the civil judgements section - 2 separate areas. It was an oral, month-to-month least, and yes my father of course does have my SSN.
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Old 04-27-2015, 03:58 PM
 
128 posts, read 123,167 times
Reputation: 45
Quote:
Originally Posted by so954 View Post
You should be fine. perhaps you can ask the judge to throw out the eviction since you don't owe money and do not have to be removed by a sheriff.

If you have good credit and money to put down first, last and security most landlords will be happy to have you. Some smaller places that are not corporations or property management companies won't even check stuff. I moved to Florida almost 7 years ago, my first place I was not even working yet, but I have saved enough to carry me for a year or more, the second place didn't do a background check or ask for income verification. I got lucky, but I always paid my rent and was a good tenant.

Best things is to make amends with your father, tell him you are sorry and ask him to drop the case.
Good idea! i have tried to make amends, to no avail

He still has some of my property, that's the "catch" in the case, and the leverage he has over me.

But good to hear about your experiences. Yes, half the LLs in Miami i've called just want tax returns, and dont even run your fico, so i'm sure i can scrape something together.
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Old 04-27-2015, 06:42 PM
 
1,448 posts, read 2,154,149 times
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This is an unfortunate situation. It is possible that this will lower that 800 credit score, if he chooses to report it directly, and if the judge does not throw the case out. And yes, if a landlord decides to pull a credit check, they would see it and could potentially deny you a rental. Additionally, if they have a standard application to fill out, that application might ask whether you have ever been evicted, and if you lie and they ever find out, they would have grounds to evict you even if you had already moved in. As an example, the Miami apartment I lived in ran a check once a year of credit and verified income, in order to renew your lease. So if I had been in the situation you were, even if I slid past the first year, the next year they would have seen it on the credit report and could legally have evicted me for lying.

Just like on a job application where they give a space to explain a felony, you might have the chance to explain the judgement and they might show you leniency - but they might not.

The most important thing if this does hit your record, and if it does drop your score, is to get a rental history as soon as possible that shows you in good standing for a year - which will help your score, as well as help give you a reference for a future rental. So that means you might need to rent a crappier place that does not check your history, or does not care, or possibly pay a higher rent due to your perceived risk, just for a year until you can get a clear rental history under your belt.

It's possible you will never need to deal with this, but I can tell you for certain there ARE rental companies and individual landlords who will look. Many things on a credit report show up without financial details - meaning they might simply show an eviction, without showing the $0 amount owed. I have been a landlord for 10 years and I can tell you that I check background and credit (which means both credit score AND credit report) before rental (someone would be crazy and unprofessional not to, especially in FL which is full of people skipping out - hence how common it is to require last month's rent and a full month's rent worth of deposit now), and seeing an eviction of any sort would disqualify you immediately. It's nothing personal, but you are a total stranger to these people, they don't know your hard luck story, and have no reason to risk their own security to help a stranger out, when SFL is flooded with people who want to rent and could easily take your place.

I think what the other person suggested above is a great idea, to send a notarized letter, certified mail, stating that you will never move back again (although it seems silly to have to do, given that I assume you are over 18 and thus your father does not owe you a place in his house anyway, rental or free). It is in your best interest to avoid anything on your record, given that credit blemishes last for a full 7 years before they're taken off the report. Judges usually hate frivolous lawsuits, so your old man may really **** off the judge with this request anyway, which is not in his favor. But, having a letter to show how frivolous his action is certainly helps.

Glad to know you're feeling a bit better, and hopefully your new life in SFL will go more smoothly. If you keep the 80k salary in the move, that will certainly help, and in some cases if you do end up having landlords deny you at the last minute, pre-paying several months up front might help you get a rental, so save that money! Keep in mind though, if you mean that right now you make nothing and have no savings, but you are moving to SFL to start an 80k job, that will also make renting a lot harder. They often want to see proof that you've been earning consistently for at least 2 months.
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