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Remove Eviction from Record

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#1 ironjaxxx


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Posted 17 February 2010 - 09:26 AM

I have a previous eviction from 3 and a half years ago.  It went to court and  a the writ of possession was filed.  The judgment amount is $0.00.  Is it possible to get this removed from public record or sealed to I am able to rent again.  The eviction is NOT on my credit report.  I only found it as I was trying to rent from an apartment complex.  The circumstances behind the eviction was landlord "Property Manager" refused to fix the heater, we called the gas company and see if they could light the pilot because it would not stay lit.  The Gas company said the unit was inoperative and could not be repaired and had to be replaced.  we reported these findings to the landlord and they tried to get the heater repaired.  The heater pilot would stay on but no heat would come out of unit.  We relayed this back to the land lord with an excuse driven response.  He told us his office assistance never told him.  Can my attorney negotiate with the "owner" to have the eviction judgment changed  or removed so it does not show up on a tenant screening.  Your response will be greatly appreciated.  Thank You.

#2 Fallen


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Posted 17 February 2010 - 09:46 AM

"The eviction is NOT on my credit report."

Well that's a good thing (and only remarkable because the landlord evidently didn't sue you for money at the time ... noting that in most states, it would still to this day be free to do so if you hadn't paid rent, etc.).

"The circumstances behind the eviction was landlord "Property Manager" refused to fix the heater...."

Sorry, but your post doesn't bother to provide any relevant details aside from this, namely why you wouldn't have known about a formal eviction action being filed against you.  You're free to talk with a local real estate attorney about seeking to vacate the judgment, of course.  If you'd already moved out and a landlord in your state need only post an eviction summons on a door and pretended you were served, you may or may not have a chance. 

It's not up to the owner/landlord to have the eviction judgment removed, and if you'd already moved out and there was something bogus involve with the landlord's filing the action, I wouldn't expect it to cooperate with regard to a motion to vacate.

If you have an attorney (and referring to "my" attorney indicates you do), then you talk with the attorney about this.

If you knew about the eviction action but didn't show up in court, you're going to find that you're out of luck.  That said, you're free to ask the former landlord if it will sign a letter saying that there's no harm no foul with regard to the eviction.

I hope you've since learned what your remedies are in your state with regard to material health or safety issues, and you won't flail around next time (you'll either petition the local landlord-tenant court to force landlord to address, or use other remedies available to you in the law, e.g., contacting the local code enforcement/health dept. folks, etc.)  You will also want to make sure the landlord is notified in writing of any problems, so it's on record.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)

#3 ironjaxxx


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Posted 17 February 2010 - 02:36 PM

####. I appreciate your reply.  Your assumption was correct, I do have an attorney and am just waiting on a return call so he may give me his consultation on the steps we need to take. Thank You again.

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