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So about 9 months ago I received a letter from my landlord that my rent was now XX days late and I owed rent + late fees + lawyer fees. Well, I knew my rent was paid that month and figured it must be in error. I checked my bank account and sure enough - my rent check for that month had already been cashed and posted to my account.
I contacted my LL/property manager via email that day explaining the situation and said I had a copy of the deposited check. LL/PM said they have no record of my check, please send a copy. A bit later, I received another email that said something like "we're sorry - our error -- found your check." It had been credited to another tenant's account instead of mine. They said everything would be cleared up for my account. A few days later I received a formal landlord/tenant court date form regarding the incorrect late rent/eviction. LL/PM tells me no problem - nothing I have to do. Fine, I'm satisfied.
Fastforward to the present. I'm moving for work and was to leave my apt at the end of the month. I completed the application for another complex/property company about 2 weeks ago. Everything was set, I had a move-in day...and they just had to process everything. I knew my credit was fine, enough income for the rent, etc. But, I get a call about a week ago from the leasing agent that "your application was denied....something about a landlord/tenant complaint." At the time, I didn't remember the previous situation, and he wasn't able do give me add'l details - so had NO idea why I was denied. I sent for my rental history report and this court case is listed. The status is listed as "terminated/dismissed" - BUT regardless it is still there with me listed as defendant. The leasing agent said it is their policy to deny any application with a tenant/landlord complaint. I'm assuming this is probably standard practice for the larger property companies. What makes it even worse is that in the report - my scorex number is given with approved/accepted. If not for this case, everything would have been fine.
So, now I am about 2 weeks from homelessness because of something that I had nothing to do with. No one will rent to me because of this court case listing. And, rental history will affect my ability to get a mortgage in the future. I know mistakes happen and I'm fine with that...but my apt's clerical error has really put me in a tight spot. Any suggestions? Do I have any legal recourse?
Can you get a notarized written statement from your old LL stating that the court case was filed in error, that you had paid your rent on time but they mistakenly credited to another person's account?
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