• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Fighting an eviction from more than 2 years ago?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

smitty5150

Junior Member
What is the name of your state (only U.S. law)? NJ

I left my apartment 2-1/2 years ago. Despite giving notice that I was not renewing the lease and asking to make arrangements to satisfy my last months rent, the landlord claimed to have not gotten this letter. They proceeded with an eviction notice and continued charging rent for several months until the issue went to court. I was young and had so many things going wrong that I just brushed it all off as another nail in the coffin. A judgement was made against me to pay in full the amount of rent they determined due. I did vacate the apartment months before this happened. I am not 100% sure that there is an eviction on my record since my credit report only shows the judgement of money owed.

In my foolishness, I kept no copy of the letter and did not keep record of giving it to the rental office(this was an apartment complex and I dropped it in their mailbox after work, with a rent check). I would like to know if have I have anything to gain from trying to correct this so long after the fact. I would like to get the debt erased and everything associated with it removed from public record. However, I don't want to get talked into it by a lawyer just because they have business to gain, only to be denied and then have legal fees on top of it. I am trying to get things back on track and the elimination of this black mark would greatly help.
 


Who's Liable?

Senior Member
What is the name of your state (only U.S. law)? NJ

I left my apartment 2-1/2 years ago. Despite giving notice that I was not renewing the lease and asking to make arrangements to satisfy my last months rent, the landlord claimed to have not gotten this letter. They proceeded with an eviction notice and continued charging rent for several months until the issue went to court. I was young and had so many things going wrong that I just brushed it all off as another nail in the coffin. A judgement was made against me to pay in full the amount of rent they determined due. I did vacate the apartment months before this happened.
Now you're going to learn the hard way of why you shouldn't ignore these things.

I am not 100% sure that there is an eviction on my record since my credit report only shows the judgement of money owed.
Evictions do not show up on credit reports, only judgements.


In my foolishness, I kept no copy of the letter and did not keep record of giving it to the rental office(this was an apartment complex and I dropped it in their mailbox after work, with a rent check). I would like to know if have I have anything to gain from trying to correct this so long after the fact.
The original, or a copy of the original letter will help you.


I would like to get the debt erased and everything associated with it removed from public record. However, I don't want to get talked into it by a lawyer just because they have business to gain, only to be denied and then have legal fees on top of it. I am trying to get things back on track and the elimination of this black mark would greatly help.
See above.

Absent that letter, you will need to pay.
 

sandyclaus

Senior Member
What is the name of your state (only U.S. law)? NJ

I left my apartment 2-1/2 years ago. Despite giving notice that I was not renewing the lease and asking to make arrangements to satisfy my last months rent, the landlord claimed to have not gotten this letter. They proceeded with an eviction notice and continued charging rent for several months until the issue went to court. I was young and had so many things going wrong that I just brushed it all off as another nail in the coffin. A judgement was made against me to pay in full the amount of rent they determined due. I did vacate the apartment months before this happened. I am not 100% sure that there is an eviction on my record since my credit report only shows the judgement of money owed.

In my foolishness, I kept no copy of the letter and did not keep record of giving it to the rental office(this was an apartment complex and I dropped it in their mailbox after work, with a rent check). I would like to know if have I have anything to gain from trying to correct this so long after the fact. I would like to get the debt erased and everything associated with it removed from public record. However, I don't want to get talked into it by a lawyer just because they have business to gain, only to be denied and then have legal fees on top of it. I am trying to get things back on track and the elimination of this black mark would greatly help.
The time to fight that eviction was when the court hearing took place. That was the chance you had to counter the LL's claims about not receiving your notice and charging you extra rent for several months. By not appearing (by choice), you lost the ability to fight the issuance of a judgment against you.

That being said, now that the judgment has appeared on your credit report, your only recourse is to pay it. The time to appeal the judgment has long passed. There is no credible way to get the debt erased from your credit report or the public record. What has happened was preventable, and you failed to take action when you had the chance.

Young and foolish, now you learn the errors of your mistakes. And the consequence is that you must now pay for it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top