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  1. #1
    Join Date
    Aug 2012
    Posts
    2

    Exclamation Eviction Filing Error is Keeping Us from Getting Approved for a New Tenancy

    My question involves an eviction in the state of: Texas

    I'll try and keep this spot on to the point...bear with me...
    June2011 we paid our rent on time...7-8 days later we get a 'grounds for eviction' notice on our door from the manager. I go down to the office to dispute this as we DID in fact paid our rent. Apparently, they lost our rent and denied it. I had receipts to prove otherwise. After some time of arguing back and forth we agreed that I would stop payment on my money order and wait for a reissue to arrive in the mail...which during this time the manager stated, we will not incur any late fee charges or take it any further (legally) until then. So about 3 weeks and some change later, July rent came due...and, again, we paid IT on time as well...about 2 weeks later we received the replacement check. (mind you, these people DO NOT accept cash or checks AND they do not issue receipts). So I had to deposit the replacement check into my bank account and then withdraw my rent amount then went and got a money order to pay them...so I did. I made the office staff sign my mo receipt! SOOO, after all that, we were good....NOT IN THE LEAST!!! In May of this year, we went to apply at another place and we were very happy because we knew we'd get approved...we were shocked to learn that we were not approved because of an eviction that was filed against us. I kindly asked the agent if she could show me the report that indicated this. It showed an eviction all right...from where we are currently living!! I kind of laughed it off in disbelief but took it very seriously...so my research had begun. I found out that my current LL applied my July2011 CURRENT rent mind you...to June2011 'late' month just to bring it up to 'current' status. SO when we took the replacement money order to them second week of July2011, we were already considered late for that month. And let me tell you, I did not ONCE received anything from the office indicating the eviction filing...so we were led on to think all was good. I B-LINED to the office when I found out about the eviction (a year later) explained to them all that had happened because by now there were new office staff...<sigh> and I got a letter from them stating all was an error and that the eviction SHOULD NOT HAVE BEEN FILED AT ALL!!! So now my situation is that everytime I go and apply anywhere...there's the big fat eviction on my report...my residential screening report, NOT my credit report. Which sucks now because these people milk the system to get to everyone's dirty laundry if you know what I mean. People like us where it was all an error due to someone's idocrasy and irresponsibility of losing one's rent, just is not quite the party. So my question is, what can I do to have the eviction removed from wherever the hell it is so that it is deleted as it never existed so that I may be approved for residency elsewhere??? Remember, it does not appear on my actual credit report that I purchased from the 3 credit bureaus...it appears on residential screening services, independent from the credit bureaus. (NTN and LexisNexis). Thanks in advance...

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Eviction Filing Error is Keeping Us from Getting Approved for Residency.what to D

    For future information, since you have apparently left the rental in the situtaion. I have not verified this statement in the statutes but generally publications by the state are correct:

    A landlord must accept rental payments in the form of cash or a personal check, unless the written lease provides otherwise. If you pay
    your rent in cash, your landlord must provide you with a written
    receipt. The landlord must also keep a record of the date and amount
    of each cash payment. If a landlord fails to provide receipts or keep a
    record book, you can file suit and may be entitled to a court order
    that: (1) directs the landlord to comply with the law; (2) awards you
    the greater of one month’s rent or $500 for each violation; and (3)
    awards you court costs and reasonable attorney’s fees.



    So now my situation is that everytime I go and apply anywhere...there's the big fat eviction on my report...my residential screening report, NOT my credit report.
    Ok, what does it show to the disposition of the filing? Does it show you were served? Evicted? what?

  3. #3
    Join Date
    Aug 2012
    Posts
    2

    Default Re: Eviction Filing Error is Keeping Us from Getting Approved for Residency.what to D

    First of all, thank you for your response. What is shows is DISMISSED (dismissed before trial) and does not show that I was served. I haven't been evicted (ever) as I am still residing at the same residence that 'filed for eviction'. I am still here because I have been denied residency at 3 other placed I've applied to in the last 3 months. It's as if nothing happened...until my report gets pulled. It seems that there is nothing I can do...I was advised to go to my landlord and have them call all 3 credit bureaus to have them remove the eviction (but it will not appear on my actual credit report) and to call the court and make sure they dismissed it and to have them pull it from my public record...now I'm no lawyer but, I don't think it's just a matter of picking up the phone??? This is truly a nightmare for me as I have nothing to do with an eviction, yet it appears on my credit (resident screening report) which is insidious...cheap blow under the belt if you ask me.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Eviction Filing Error is Keeping Us from Getting Approved for Residency.what to D

    Your landlord apparently filed the eviction lawsuit in error and dismissed it prior to serving it upon you. Now the "residential screening report" is reporting the dismissed eviction action as a matter of public record. You are correct that complaining to the big three credit reporting agencies won't do you any good, given that you have told us that they don't list the debt. Further, credit reporting agencies are apt to respond that they are accurately reporting a dismissed lawsuit, and may do so as a matter of public record even if the lawsuit should not have been filed.

    If you can narrow down the companies that produce the residential screening reports used by area landlords, you may be able to find a mechanism to deal with the situation or to have your former landlord attempt to annotate or correct the record. They may also be willing to give you a letter that you can submit with future rent applications, explaining that the error was theirs. I am not optimistic that they are going to be able to make a court record go away.

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