Can I take a dismissed eviction off my record (apartment, lease, tenants)
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Last apartment I lived in was terrible, they filled an eviction even though I had a check on their ''rent box''. They claim they never had it. I am sure they did but they either lost it or did it on purpose. I went on a vacation after for a few weeks so when I came back I saw the ''5 day notice'' and the eviction court paper. i went to the office and they made me pay the rent and the eviction filing fees. They denied it was their mistake. I moved immediately after this and they were happy. They ''dismissed'' the case. This was 8 months ago and it didn't show up.
I am wondering now if I want to move to another apartment, will it show as a ''dismissed'' or will it not show up. I now that if it shows, no one would rent me.
If it did show up, can I do something to remove it? Like through a lawyer or something?
If the eviction notation is based on public court records, it will remain as along as the law says it must remain; normally for life. If its based on your landlord reporting something to some private entity, you may be able to have it removed.
But, until you know what, where and why something is what it is, there is no answer to your question based on just a guess of what and how the information is being discovered, or if it's even mentioned.
That's a bit misleading as it does not pertain to "Public Records", it pertains to mistakes on a credit report. Only a Judge can remove the "Public Records" from the public records. (in some states, the Governor can sign an order removing certain civil matters from the "Public Records".) Since the Op doesn't even know if a record exist in the "Public Records" or on private reports, nothing really can be said but check and find out what if anything appears so you know where to start.
Last apartment I lived in was terrible, they filled an eviction even though I had a check on their ''rent box''. They claim they never had it. I am sure they did but they either lost it or did it on purpose. I went on a vacation after for a few weeks so when I came back I saw the ''5 day notice'' and the eviction court paper. i went to the office and they made me pay the rent and the eviction filing fees. They denied it was their mistake. I moved immediately after this and they were happy. They ''dismissed'' the case. This was 8 months ago and it didn't show up.
I am wondering now if I want to move to another apartment, will it show as a ''dismissed'' or will it not show up. I now that if it shows, no one would rent me.
If it did show up, can I do something to remove it? Like through a lawyer or something?
Why would they start an eviction on purpose, that doesn't even make sense if you know what the cost are and how much papers have to be filled out.
You are stating you put it "on the box" and maybe you should have put it "in the box!"
You went on vacation for a "few weeks" which not many tenants do and if you were able to see it after a week or two nothing would have happened ...
Usually stories like this is what we hear and I always love the story from the other side as there are always 2 sides to every story.
When you were on vacation, did you not take a phone with you? I can't imagine the landlord never tried to call you about this, unless you were a habitual offender. If your rent was late every month, they could have just served you without calling, but if this was an unusual occurrence, they likely tried to call you multiple times.
Also, did they regularly take weeks to deposit your rent check? A call to find out why would seem to have been in order, if not. If you don't pay your rent in a method that gives you a receipt, you should always look to make sure the check clears in a timely manner, or else call to verify that they received it.
Its in the past now, and you can't change it, but you can learn from what happened. Get a receipt for rent, or call to verify receipt.
As for your actual question: In my area, this would show as a dismissed eviction. It will likely be a problem with future landlords. And I don't know of any way of getting it removed from the public record, but different areas would have different procedures. I suggest you contact the county clerk and ask them if there is a procedure for this. They could also tell you if it shows up in the first place. But if there was a court date set, it probably does show up.
If you have an otherwise clean rental history, I don't see any reason why a simple and honest explanation wouldn't be enough to get a future landlord to overlook this. Things happen and according to you, you corrected the issue as soon as you were aware of it.
Check the laws in your area (including county and city) and see if there are any protections there. Some states like Oregon have enacted laws which make it illegal to discriminate against someone who had an eviction proceeding against them dismissed or ruled in their favor. There are also usually options available to have these cases sealed, but you'd want to speak to an attorney in your area about what the process might be.
Why would they start an eviction on purpose, that doesn't even make sense if you know what the cost are and how much papers have to be filled out.
You are stating you put it "on the box" and maybe you should have put it "in the box!"
You went on vacation for a "few weeks" which not many tenants do and if you were able to see it after a week or two nothing would have happened ...
Usually stories like this is what we hear and I always love the story from the other side as there are always 2 sides to every story.
You'd be surprised. I had one (that I bet you are personally familiar with) that years back filed an eviction against me after failing to communicate lease extension offers from both myself and the landlord. They then filed the eviction in their own name (illegal in Florida) and without even notifying the landlord. It turned into a real **** show for the property manager though, when they found out I had the owner on my side and their own attorney advised them to make the case go away.
To date, only one property manager has given me any trouble over that, and it simply took a not so subtle threat to run them through the ringer with the attorney general, BBB, and local media before they decided it wasn't such a big deal after all.
I need to get this eviction notice off my record because i have five kids and we don't have anywhere to stay i need my own place this is shanece baker
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