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  1. #1
    Join Date
    Sep 2009
    Posts
    1

    Question Can a Landlord Not Rent to You Based On Prior Nonpayment or Eviction

    My husband and I were taken to court 2 yrs ago for non payment of rent which was totally false. The issue came up when the landlord wanted to raise our rent from $800/mth to 1,200. Then he decided, $1,100.

    Since we lived in a rent control area at the time and knew the laws on rent increases, we told him that we did not agree with the rent increase. He decided to purposely not take our rent for that month and the months that followed before taking us to court.

    On top of this, our house, which was concidered the second house on the property, was conected electrically and gas wise to to the garage apartment which, was illegally converted to a full one bedroom. The tenants (two different renters)for the three yrs that we were there knew this and decided not to pay us half of the utilities. We got left with a $450 gas bill that April before being sued.

    Anyways, the issue was brought up in court and we ended up only having to pay for the 3mths, which we had put up and agrred to give up the aprtment two mnths after the proceedings.

    If this agreement was fufilled, it was agreed that the case would be sealed. We followed the court order and moved out. Before moving out however, one of the lanlords that we intended on renting from would not rent to us. When we asked him why this was, he told us that our previous lanlord, told him that he was evicting us for non payment of rent. He was not supposed to disclose this but he did. Since we got a place a few weeks later, we just let the issue go.

    So to make a loooooooong story short, my question was can, a landlord not rent to you if a previous landlord says that he's evicted you although this isn't true? Should we be honest and let the potential landlord know of this issue before he gets in contact with previous lanlord??? Are there any laws that protect renters from this? I have not had a chance to look at my credit report yet but also wanted to know if this would show on my report although the court file was supposed to be sealed.

    Thaks for your answers and sorry for being soooooooooo.... long

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can a Landlord Not Rent to You Based On

    my question was can, a landlord not rent to you if a previous landlord says that he's evicted you although this isn't true?
    No landlord is obligated to rent to you, so long as the refusal to rent to you is not based on race, color, national origin, religion, sex, family status, or disability.

    Should we be honest and let the potential landlord know of this issue before he gets in contact with previous lanlord???
    Yes. It's far better to be proactive and let potential landlords know about this previous problem. It may also be helpful to present a copy of the court order the receipt showing that you paid.
    I'm not a lawyer, but I play a researcher on the internet!
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  3. #3
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Can a Landlord Not Rent to You Based On Prior Nonpayment or Eviction

    Yes, the current landlord can decide not to rent to you based on the fact that it 'appears' you were evicted.
    Unfortunately, it sounds like your previous landlord had it in for you.
    I would definitely suggest going to City Hall and doing your own public records search to see what is on there. And if anything is inaccurate, it would definitely be worth your while to eradicate it from your records. I don't know of any landlord that is going to want to rent to you if they think you have been evicted.
    I disagree with the previous poster (from the landlord's perspective) and would not tell the landlord you are wanting to rent from. Even though it may be honest, it opens a whole can of worms... from here forth, do not put the contact information of the landlord that evicted you on your application. If I am reading your post correctly you already have someone renting to you now... use only their contact info in the future.

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