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I just found out that there is an eviction report on file…

Customer Question
Hi.I just found out...

Hi.I just found out that there is an eviction report on file for me for an apartment I vacated voluntarily in 2014. I was never served with a summons, and was unaware of this until now. I am looking to rent a new apartment and it is effecting my ability to do so.I would like to speak to someone about having this re-opened and thrown out somehow.Thanks!

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

None

Lawyer's Assistant: Where is the apartment located?

The apartment was located in lower downtown NYC.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
3/23/2018
Real Estate Lawyer: DanLegal, Lawyer replied 3 months ago
DanLegal
DanLegal, Lawyer
Category: Real Estate Law
Satisfied Customers: 616
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help you - what were the circumstances related to your voluntary vacation in 2014?

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Customer reply replied 3 months ago
My lease had ended on September 14th, 2012 and I wished to extend it, but could not come to terms with the landlord management company. We then worked on a voluntary release of premises, but they didn't seem to want to acknowledge my 2 months security deposit they had. So at the end of the day, I refused to sign the extension or the release form, BUT did comply by turning in the keys to the apartment and fully vacating it on the date we would have agreed to anyway.Almost 4 years later, I am only now finding out there was an eviction filed as there was no summons issued, no notices posted or delivered, etc before we voluntarily vacated.
Customer reply replied 3 months ago
Sorry... I meant 2014 when the lease ended.Also, I now live in Denver.
Customer reply replied 3 months ago
15E
City
NEW YORK
County
NEW YORK
For Reference:State
NY
First Reported
10/22/2014
File Number
2014N082041
Judgement
CIVIL NEW FILING
Plaintiff
ELLA WALDMAN
Real Estate Lawyer: DanLegal, Lawyer replied 3 months ago

Have you tried calling the apartment complex to see what happened?

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Customer reply replied 3 months ago
No I haven't, but my guess would be they wouldn't be very helpful. They were pretty horrible to deal with... It was a NYC property manager on behalf of the property owner.They are the ones that filed the motion.
Real Estate Lawyer: DanLegal, Lawyer replied 3 months ago

okay thank you for the information - I am sorry you are dealing with this. The most difficult thing concerning your question is the fact that you no longer live in NYC. In order to have this taken off your rental record/credit score would be to file a motion in NY to reopen the judgment. Once that is done, you can file a motion for summary judgment because you were never given notice of the eviction and had voluntarily left the premises. You might be able to find a civil attorney in NY to handle this without you present, but the court will not like that.

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