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My nephew tried to rent a new apt. and the background check came back saying he had an eviction back in 2005 from his old apartment.
He called the old complex to see what this was about because he didn't know anything about it.
They admitted it was a mistake and faxed a letter to the new complex stating such. Well, the new place said the letter wasn't good enough, and needed something from the courts.
Well, if there was no formal eviction and it was a mistake, that means there's nothing at the courthouse to give them!
My nephew tried to rent a new apt. and the background check came back saying he had an eviction back in 2005 from his old apartment.
He called the old complex to see what this was about because he didn't know anything about it.
They admitted it was a mistake and faxed a letter to the new complex stating such. Well, the new place said the letter wasn't good enough, and needed something from the courts. Well, if there was no formal eviction and it was a mistake, that means there's nothing at the courthouse to give them!
Anyone got advice for him?
I have no experience with a situation of this nature, but I would think you could get
something from the court showing this is incorrect, if there were
never any court proceedings filed against him by the said complex.
I think there may be an underlying reason they don't want to rent to him but if they stated the reason it wouldn't hold up legally, just a guess. There are many ways to discriminate bypassing the law.
I think there may be an underlying reason they don't want to rent to him but if they stated the reason it wouldn't hold up legally, just a guess. There are many ways to discriminate bypassing the law.
An eviction on his credit record is good enough reason, they don't need to look any further.
Now if he obtains proof from a court and they continue to deny his application, I'd say theres a problem.
You need to find out where they got the information about the eviction. Did they get it directly from the landlord, or is there a public record out there that lists the eviction? If it's a court record, then it's possible that your nephew is being mixed up with someone with a similar name. If it's on his credit report, then he needs to dispute the information with the credit bureau.
You need to find out where they got the information about the eviction. Did they get it directly from the landlord, or is there a public record out there that lists the eviction? If it's a court record, then it's possible that your nephew is being mixed up with someone with a similar name. If it's on his credit report, then he needs to dispute the information with the credit bureau.
He still needs to prove its false, the credit bureau will not remove an
eviction on his word alone, without court proof.
If it is on his credit report, he can file a disclaimer with the credit agency that has it listed. the LL that rejected him is legally bound to tell him where they got the information. The credit agency has to go back and verify the information when the dispute is filed. The complex, if it is false, will then confirm the error and it will have to come off the credit report. No court is involved.
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