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Old 09-17-2014, 10:11 AM
 
2 posts, read 2,243 times
Reputation: 10

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Hello,

My friend was renting a house and prepaid 6 months of rent. She had some issues with the landlord who wanted her to move before her lease was up. The landlord was looking to move a family member into the house. My friend did not want to go before the prepaid rent was up since they could not agree on how much would be returned.

Eventually the landlord took her to eviction court. The judge agreed with my friend and said that she would need to move AFTER the lease and money ran out. The problem is that now the eviction filing is on her credit report. She'd having a hard time finding a new place. Does anyone know how an eviction filing can be removed if a judge fills in the tenant's favor? It doesn't seem fair/legal that a case that's already deemed frivolous can make someone homeless.

This happened in Henry County, Ga. Any help would be appreciated
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Old 09-18-2014, 05:20 AM
 
Location: Ono Island, Orange Beach, AL
10,744 posts, read 13,406,153 times
Reputation: 7183
The advice you don't want to hear: contact a lawyer with landlord- tenant expertise.
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Old 09-18-2014, 10:19 AM
 
Location: Atlanta
2,862 posts, read 3,826,205 times
Reputation: 1471
I do not know how she can get it expunged because it was an actual case, but at least your friend won. She can prove that, and it would be nice if she had a letter from the landlord stating she is not in arrears, but I don't see that happening. I think she's just going to have to be patient and explain what happened to future landlords.

When I was in college, I was really, really late paying rent one month. I did not have to go to court because I paid it before the date, but the fact that they filed stayed on my record for like two years. Apparently, the system that landlords use is not the same as the standard Equifax/Transunion/Whatever that would have lasted seven years.

I know it's an inconvenience, but the easiest route is for your friend to clearly state what happened and show documentation of the judgment in her favor. I don't know when her six months will be up, but she should be taking the path of least resistance to get moved.
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Old 09-18-2014, 12:33 PM
 
1,979 posts, read 2,386,148 times
Reputation: 1263
You could always have your friend call the Henry County Court Clerk and ask nicely. They usually know these types of things.
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Old 09-18-2014, 10:00 PM
 
2,412 posts, read 2,790,423 times
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Quote:
Originally Posted by Tryska View Post
You could always have your friend call the Henry County Court Clerk and ask nicely. They usually know these types of things.
It is always worth a try.
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Old 09-19-2014, 07:00 AM
 
1,858 posts, read 3,553,881 times
Reputation: 1184
Quote:
Originally Posted by ElleKaye View Post
I do not know how she can get it expunged because it was an actual case, but at least your friend won. She can prove that, and it would be nice if she had a letter from the landlord stating she is not in arrears, but I don't see that happening. I think she's just going to have to be patient and explain what happened to future landlords.

When I was in college, I was really, really late paying rent one month. I did not have to go to court because I paid it before the date, but the fact that they filed stayed on my record for like two years. Apparently, the system that landlords use is not the same as the standard Equifax/Transunion/Whatever that would have lasted seven years.

I know it's an inconvenience, but the easiest route is for your friend to clearly state what happened and show documentation of the judgment in her favor. I don't know when her six months will be up, but she should be taking the path of least resistance to get moved.
i agree..show the new landlord proof that she won the case.
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