Baseball12

Request for eviction to be expunged

9 posts in this topic

Hi,

I recently had a eviction filed against me with my current leasing office, where I am residing. All monies owed was paid, resulting in the case being dismissed and no further action was taken. Since, I have noticed that this has been placed on my rental history report, as filed and no action taken.  

My question, is how do I go about getting this removed from my rental history and credit report since this matter has been taken care of without having to proceed with any filing of an actual eviction? I have been informed by the court clerk, this is will report as a "dismissal" and no action taken.

As I have plans to move in the near future, I feel that this will have a great negative impact on obtaining a approval for future rental property or home loan.

 

Please help.

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2 hours ago, Baseball12 said:

I have noticed that this has been placed on my rental history report, as filed and no action taken.  

My question, is how do I go about getting this removed from my rental history and credit report

 

You first wrote that this is on your "rental history report" (whatever that means).  Then you asked about having it removed from both your "rental history [report]" and your credit report.

 

As far as credit reports go, there's no way something like this is on them.  Have you looked at any of your credit reports?  Did your landlord tell you that it reported this matter to one or more of the credit reporting agencies?  That's the only way this would appear on a credit report.

 

As far as your "rental history report," you'll need to explain better what you're talking about.

 

 

2 hours ago, Baseball12 said:

I have been informed by the court clerk, this is will report as a "dismissal" and no action taken.

 

Of course.  That's exactly what happened.  The eviction case was filed but then dismissed.

 

 

2 hours ago, Baseball12 said:

As I have plans to move in the near future, I feel that this will have a great negative impact on obtaining a approval for future rental property or home loan.

 

Absent further explanation of "rental history report," that's rather unlikely.

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I understand now that the case has been "dismissed". From this point on, when I apply to rent a home or apartment, the first thing that is done is a credit check as well as a tenant report that provides information of any evictions I have had. Which will then determine my approval on being allowed to rent the property of interest.

My concern is being turned down for approval of renting a apartment or home, as most property managements ask that you have no history of evictions to qualify to rent any of their property.

What impact will this have on me renting a apartment in the future? I have been able to view my rental history as well as credit report and do not see any information of eviction reported on my credit, to date.  But however, do see there is an indication of eviction on a tenant history report I was able to view on a online site. Am I able to petition the court in my county to have the dismissed eviction expunged? 

I am being told that I would have to carry the letter of dismissal with me each time I submit a application to rent an apartment and provide explanation and that point would be up to that individual property management to approve or not. Is this the case?

 

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Hi @Baseball12

 

Welcome to the community and thanks for posting! So sorry to hear about your situation...unfortunately even dismissed eviction cases will still show up on your record, and it's understandable that you would not want it interfering with your future ability to apply for a rental.

 

You may want to start by checking out our guide to expungement. This refers to criminal expungement, but it will give you a place to start. If you want further help, you may also want to speak with a local attorney to assist you.

 

Best of luck!

The FindLaw.com Team

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37 minutes ago, Baseball12 said:

From this point on, when I apply to rent a home or apartment, the first thing that is done is a credit check as well as a tenant report that provides information of any evictions I have had.

 

Some (although not all) landlords will run credit checks on prospective tenants.  However, as my prior response indicated, it's not clear what you mean when you make reference to "a tenant report" or a "rental history report."  While it's possible that some landlords might visit the clerk's office at the local courthouse to see if there are any cases in which you were involved (and some courts have their records online), I've never heard of any "tenant report" or "rental history report."

 

 

42 minutes ago, Baseball12 said:

My concern is being turned down for approval of renting a apartment or home, as most property managements ask that you have no history of evictions to qualify to rent any of their property.

 

According to what you wrote, you don't have any such history.

 

 

42 minutes ago, Baseball12 said:

What impact will this have on me renting a apartment in the future?

 

No one can predict that since every landlord is different.  However, if your landlord didn't make any report to any of the credit reporting agencies, then the only way that I know of that any prospective landlord might find out about the action that was filed and dismissed would be if he/she/it went down to the court house and ran a search under your name.  My guess is that the percentage of landlords who would do that is less than 1%.

 

 

45 minutes ago, Baseball12 said:

Am I able to petition the court in my county to have the dismissed eviction expunged?

 

FWIW, it wasn't a "dismissed eviction."  The landlord filed a complaint for eviction and then dismissed it.  Therefore, no eviction; just a lawsuit.  In any event, I have never heard of an "expungement" process other than with respect to criminal and juvenile matters.  Sometimes, courts will seal records relating to civil lawsuits, but it takes very extreme sets of facts to overcome the presumption of public access to court records (and, even then, there would still be a record that the lawsuit was filed).  Also, if you found some sort of reference on the internet to the lawsuit filed by your landlord, that's not going to go away no matter what you might be able to do with the actual court file/records, although you could always contact the owner of the site where you find the reference and ask that it be taken down.

 

 

49 minutes ago, Baseball12 said:

I am being told that I would have to carry the letter of dismissal with me each time I submit a application to rent an apartment and provide explanation and that point would be up to that individual property management to approve or not. Is this the case?

 

Being told by whom?  If I were in your shoes, I would not mention anything about it unless some prospective landlord asks.

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Thank you pg1067 for your reply...

I was given all this information stated, by phone when I contacted the county clerk's office on the information being reported.

I have never had an eviction filed against me and not sure how this will impact me for future renting, which is why I am trying to gain information on this process and gain a better understanding on how this could affect me in the future.

My apologies that I may not have come off clear, but this has been a stressful time in understanding all of this. I have plans to move within the next several months and as I am searching for a new place to live. The first question I am being asked by property owners is, have you ever had any evictions. My answer is "no" (because I have not), but my county clerk website and (what I'm learning, a possible private website) is reporting differently.

 

 

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I can't speak for some third-party site, but the court should only be indicating that a lawsuit was filed and that the lawsuit was dismissed.  If something else is indicated, then that's something to discuss with the clerk.

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From the start you said the clerk pointed out obvious:  that the unkawful detainer action will show up in court record as dismissed (versus judgment in favor of plaintiff).  That's a good thing.  If asked whether eviction/unlawful detainer ever filed against you, you say "yes"; if asked whether you've ever been evicted, obviously answer is "no".  And depending on one's point of view/how finicky one is about precise terms, anything short of a sheriff executing a writ of possession (overseeing lock change is most common method vs. landlord getting movers to put stuff at roadside) is not being "evicted". That said, people can be subject to eviction after landlord gets judgment; getting a court to award-order possession ("ok to get writ if you want") from court doesn't mean landlord will seek a writ or, even if it does get one, that doesn't mean it will be executed.  Lots of steps and your case didn't go beyond first step (after pay/cure or quit notice).

 

Unless you're very young, I wouldn't worry so much.  The landlord may try to jack up deposit, however.

Baseball12 likes this

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Thank you Fallen for that explanation. As I've stated, this whole process is new to me and feel it should not have ever come to this for paying my rent 8 days late. But since it has, I'm just trying to understand how this will affect me in moving.

 

One of my many concerns (as instructed by my County Clerk office) is having to carry this letter of dismissal around and provide explanation with every rental application submitted. I feel that even with this dismissal, I could be denied.

Never the less, as I am understanding you....I should answer the question "if I've ever had an eviction,  "no". 

 

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