![]() |
|
|||||||
| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
![]() |
|
|
|
|
Thread Tools | Search this Thread | Rate Thread | Display Modes |
|
|
#1 |
|
Posts: n/a
|
hi everyone- so I received an eviction notice in my mailbox for failure to pay rent for the month of may, 2008. This is the first I have heard of any problem and luckily I have my receipt of payment that specifies the month (May), year (2008), that it is for rent, the $$ amount paid, and signature of a person working in the rental office.
however since I still have to go to court-thereby losing half-a-day's work, and this is my landlord's mistake not mine, may I ask the judge for reimbursement? Also, do I have to specifically ask the judge if this will show up in any way on my credit and/or rental history? I am worried something about a legal action taking place will show up on my rental history when I apply at places in the future, even if the judge dismisses this -which should be the case because I have proof of payment. I live in Maryland, thanks for the help. |
|
|
|
#2 |
|
Posts: n/a
|
Sorry, but lost wages are not reimbursable at this type of hearing. You are just out this money unless you file separate suit in small claims court against the LL. You should be worried about the eviction showing up. In most states, the eviction will continue to show up on your record, even if it was dismissed. Most LLs don't go as far as to look to see who won or lost the eviction. Just having an eviction filed is usually enough for most LLs to deny you. You will probably have to put a notation on any future rental application that an eviction was erroneously filed against you. What has your LL said about the error? Would he be willing to give you a paper to state that the eviction was filed in error? That would help to attach a copy to any future applications.
|
|
|
|
#3 |
|
Posts: n/a
|
Thank you so much for answering my questions.
I havent spoken to the landlord yet as I received the notice after business hours for them ended. I will of course talk to them on tuesday about this as soon as they re-open. however just to prepare- is there any course of action I can take should they deny me a letter saying this eviction was filed in error? besides merely putting a personal note on any future applications saying this was an erroneous filing on their part that is. again thank you so much for the help. |
|
|
|
#4 |
|
Posts: n/a
|
I would talk to the LL first. It may be an honest mistake - such as transposing your unit's digits when typing the address into the computer. (Putting in unit 123 instead of 132 for instance, and the computer spitting out your name instead of another unit's occupant.) Was the notice you received from the mangement office, or from the court itself?
If it was only from the office, this shouldn't show up on any court record, but only in the office records. They can correct the office files to show it was an error and it will not effect any future rentals. Hopefully, it was just a form from the management office and will not affect you once they correct your file. If it was a court form, it is much more serious. An eviction filed in error with the court will show up on your court records. You will need them to withdraw the case immediately and issue a letter so you can show any future LLs. The letter should state that the eviction was filed in error (and the reason ie - transposed adddress, human error in rent records, etc.). If this is the case, you may need to be firm with them since it could potentially get you denied from all future housing. First try just talking with management before it goes any further. They may be more than willing to be cooperative if they realize their mistake. But if they refuse and it has to go to the court hearing to be dismissed, insist that the judge force them to give you the paper to avoid future denials in housing. Perhaps you could even get a copy of the court case's transcript to show future LLs so they can see you were not at fault. |
|
|
|
#5 |
|
Posts: n/a
|
again thanks so much for the reply. you confirmed my musings about possibly getting the court transcripts in case the worst happens, which I always want to be prepared for. Considering the depth of incompetance I have already encountered with the individuals working at this rental office (with this current situation as well as previous smaller ones) I would not be surprised if they continued to deny right up to the end, as well as be uncooperative in giving me a letter.
Today I got the name of a woman who has been working there for 20 years, so I will speak to her as soon as they re-open and hopefully she will be one sensible individual in the midst of her inept co-workers. Again thank you for giving me ideas about what to ask the judge for, as well as whether or not to speak to the LL prior to going to court on friday. Despite my having receipts for payment, and knowing this was not my error, I continue to sit on pins and needles about this since it affects my credit and therefore my life. your advice has reassured me and helps me feel more prepared. Again many thanks. |
|
|
|
#6 |
|
Posts: n/a
|
Do not be confused. This does not affect your credit. Your credit report will be unaffected by this unless a judge finds for the landlord and orders you to pay him. That is called a monetary judgment or a civil judgment. That does show up on a credit report. An eviction alone does NOT show up on a credit report, only on your court record (municipal or housing court). Your credit score should not be affected.
Most LLs check all three types of records. They check for criminal offenses (usually common pleas court for felonies and municipal court for misdemeanors), and for your civil court records (evictions and judgments in municipal or housing courts), as well as your credit report. An eviction is not on criminal records or credit reports unless the judge orders you to pay money to the LL. It only shows up on the civil or housing court records. |
|
|
|
#7 |
|
Posts: n/a
|
okay thanks for clarifying, I was being lazy when I wrote credit I was referring to "renter's credit history" (my term). I knew there was a seperate type of history LL's checked besides just credit history but was not positive what it entailed.
thanks for the help (a third time!). |
|
![]() |
| Thread Tools | Search this Thread |
| Display Modes | Rate This Thread |
|
|
Similar Threads
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| what happens at the first immigration court appearance? | Rene cross | Other Immigration Law & Visas | 0 | Dec 8th, 2008 12:57 AM |
| appearance before Immigration Court | Unregistered | Deportation & Removal Issues | 0 | Sep 16th, 2008 07:26 PM |
| COURT ORDERED MEDICAL COST REIMBURSEMENT | Unregistered | Child Custody & Support | 1 | Sep 7th, 2008 09:08 PM |
| What will happen at court appearance? | Unregistered | Trials & Sentencing | 2 | Apr 23rd, 2008 12:19 PM |
| Chicago: Landlord/Tenants trying to evict w/o notice bc of late rent! HELP! | Unregistered | Landlord vs Tenant Issues | 1 | Apr 15th, 2008 09:49 PM |