I recently graduated from college and am now seeking to lease my first apartment. I found a place, paid the application fee and awaited approval only to find out that an eviction that I was not responsible for was on my credit report. In 2009 my uncle and mother got evicted from an apartment and put my name on another apartment shortly thereafter. I thought my name was going on the lease as a resident and not as a lessee. I don't remember giving the complex my social security # XXXXX I do remember signing. However, the complex never got any financial information from me to prove my income because I did not have any. I was 19 and attended a college in a different state. As a matter of fact I only stayed at the apartment for a week and then moved in with my aunt for the duration of the summer until school started the following fall. I disputed the charge on my credit report but because it has not been rectified yet the eviction is preventing me from being able to find an apartment in my new state of resident. Is there any speedy procedure I can begin to at least make myself eligible to rent an apartment?
State/Country relating to question: Georgia
I have stopped by the apartments that my mother and uncle got evicted from to get more information about the eviction but the complex was bought out by another company and the property manager said that they would not have any information about the eviction. However, when I told them my name they pulled a file up immediately.
Hello and thank you for allowing me the opportunity to assist you.I'm sorry to say that it is virtually impossible to remove an eviction from a credit report. An eviction is a legal outcome of a lawsuit. Accordingly, it is a matter of public record and the landlord has no control over whether the credit bureaus report it or not. As an analogy, it would be like asking that your criminal record be wiped clean after being convicted of theft merely because the victim has forgiven you or has been paid back. In that scenario, paying back the victim or obtaining his forgiveness does not affect the criminal conviction. The same applies to an eviction. In order to be evicted, a landlord has to sue the tenants for possession of the property. The eviction occurs when the judge rules in favor of the landlord and orders that possession be returned to the landlord. At that point, it is part of the public record and will remain there forever, unless the tenant timely appeals the eviction and wins the appeal (unfortunately, a 2009 eviction is long past the time to appeal).However, fortunately, your credit report will not list the eviction after 7 years, so even though the court record is forever, most people would never know about it after 7 years. So far as you getting an apartment, you can try explaining that the eviction was not actually you, that you merely signed for the apartment, and that it is not an accurate indication of your credit worthiness. Unfortunately, a potential landlord may not care about the explanation. He may only care about the fact that you signed the lease and somehow failed to be responsible for it. A better idea may be to try to lease a condo, lease a room in a house, sublease an apartment, etc. In those types of leases, your landlord would not likely be a professional landlord (such as a management company in a large complex), and they may not check your credit report. That is what my bankruptcy clients do when they need a new place to live.If you would like any additional information or need clarification, please do not hesitate to ask! Also, I strive to be as helpful as possible so that you are satisfied. Accordingly, please remember to give me positive feedback (doing so does not end our discussion). If you feel the need to rate me poorly, please stop and instead of rating me, reply via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue our discussion and do everything that I can to provide you with the service that you seek.Thank you.
I know what an eviction means and what it embodies. However, I was NEVER even contacted to make arrangements to pay the funds off. The company has to be a fault for something because I NEVER had an opportunity to defend myself. My number has been the same for the past 7 years and collections and the company have never called me to make me aware of this. Someone did not do their job properly and now I am forced to suffer because of his/her mistake. I'm sorry to have given you a bad rating but you gave me information that I already knew. How can I rectify this? What legal action can I take?
Hi again.I'm sorry to say that the law does not require the landlord to communicate with you at all other than to mail a pay or quit letter to the apartment address, and then to post an eviction notice on the door of the apartment. Phone calls are not required, nor is the landlord required to send notices to any address other than the apartment. If you were unaware of the eviction, then I hate to say it, but it sounds like the blame falls squarely on your mother and uncle since they apparently failed to pay the rent, and then failed to inform you of the eviction in your name. Accordingly, based on what you wrote here, it doesn't sound like you have any recourse against the landlord that evicted you. You may have recourse against your mother and uncle for failing to pay rent and ruining your credit, but that won't help your credit report.I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. Also, please keep in mind that I certainly don't know everything that you know and don't know, so if I provide you with information that you already know, then I'm just being cautious rather than assuming that you understand the law. If that occurs, then please let me know rather than rate me poorly. If your concerns were not satisfactorily addressed, I will be happy to clarify my answer so that you are satisfied. However, please keep in mind that I cannot change the law. I ask that you consider changing your rating.Thank you and good luck!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).