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Our previous private landlord (2 years ago) refused to give us back our security deposit, claiming charges without support. We went to small claims court and mediated with them. The case was dismissed without prejudice. We never went before the judge.
Now we need to move for work reasons and are unsure if this issue will show up in any database. Also, do we need to list them as a previous landlord for references? We are fearing how they will react.
I don't want to lie, but I also don't want a resentful landlord badmouthing us when we always paid on time, took care of the house and were only claiming what was ours.
This just happened to me, and I was lucky to have a new LL who understood that my previous LL was a nutjob. I provided the bad LL as a reference, with the disclaimer that I had sued him (and won), but hadn't had problems with any previous rental.
Some people will hold it against you and there's just nothing you can do, but your best bet is to put your best foot forward and then just be upfront about the situation.
Is there a database that shows all court cases, regardless of if it was settled before court?
The new place application ask if you have sued a former landlord. Yes, we did, but it's the first time in more than 10 years of renting and just because they were so out of line. It's no like we are through life suing everybody.
Does having sued that landlord blacklisted us for now on? As a landlord, what do you think?
I guess no one else wants to bite, so you're stuck with me.
Many counties put their civil and criminal records online now, either in whole or in part. At minimum, you should be able to enter someone's name and see if they were ever a plaintiff or a defendant, when, and against whom. Where I live, that's actually all you get, so if you want to know the outcome of a case then you need to go to the courthouse and request the file. Thus my unlawful detainer will always show up, but it will not show that I won. A typical background check of a tenant will include evictions and lawsuits, whether or not they were settled out of court.
Also, to my knowledge, there's no law that protects potential tenants from being discriminated against by potential landlords on the basis of the tenant having sued or having been sued by a former landlord.
I don't think there is a database for it, but I have put all my bad tenants on a website that I came across.
In both cases I won in small claims court which means I had proof to back my case.
I also put one potential tenant on the website since they lied on their application.
They filled out an address that they were evicted from since in the public records there was a record of them being evicted....so far true...but they didn't expect me to open the record and read it and noticing that the address they gave was wrong and when I went to the apartment complex mentioned in the public records, I was told they had a dog which wasn't reported who damaged a lot of stuff and they left without paying rent, left stuff and never cleaned and the entire carpet and more needed to be replaced....so lying on an apllication tells me that I have the right to put their names on the website.
Well, apparently having sued a former landlord, even when we were in the right, is now against us. We were turned down for 2 apartments even as our income, credit score and references are great. It's unbelievable how you are punished by asserting your rights. And of course they didn't give us any reason to turn us down, just that they selected another renter, but knowing that we are great renters, the only reason has to be the small claims case.
that's unfortunate. i'm going through a similar situation right now. my current LL is terrible and claims that I harass her, when in reality I just want her to pay the utility bills (that she is responsible for), avoid the shutoffs that have happened, and leave me alone. I'm waiting to hear back on a new apt app today and am nervous about what my current LL is going to say about me.
Hope everything works out for you.
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