Ohio (only U.S. law)? yes
June 2011, I rec'd a 3 day notice to vacate. I went to govt thru HPRP program to get rental assistance. Landlord signed a Guarantee of Non-Eviction Certification on June 15th good for 30 days stating "Landlord under penalty of perjury, certify that acceptance of rental payment for the tenant listed below will guarantee housing to the program participant for a minimum of 30 days and as long as the tenant is in good standing with their lease, and that I/we will not evict the tenant during that time period."
June 28th, Landlord's attorneys filed eviction Complaint in the Court.
July 6th, Landlord rec'd from HPRP funds enough to pay June and most of July 2011's rent, whereafter Landlord's attorneys filed for dismissal of the Complaint in the Court on July 11th.
Problem: I now have an eviction on my public record and have asked the Landlord and their attorneys to file something to remove this eviction due to the certification the Landlord signed June 15th promising NOT TO EVICT during the 30 day time period. Some attorneys I've spoke with explain that the Landlord did not violate the certification because the Landlord didn't throw me out, thus evicted, but I argue back that the word EVICT would include filing in the Court.
Am I wrong concerning my definition of EVICT and if I am not wrong, how can I get the eviction removed from my public record now since the Landlord or their attorneys refuse to assist me in this issue.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
June 2011, I rec'd a 3 day notice to vacate. I went to govt thru HPRP program to get rental assistance. Landlord signed a Guarantee of Non-Eviction Certification on June 15th good for 30 days stating "Landlord under penalty of perjury, certify that acceptance of rental payment for the tenant listed below will guarantee housing to the program participant for a minimum of 30 days and as long as the tenant is in good standing with their lease, and that I/we will not evict the tenant during that time period."
June 28th, Landlord's attorneys filed eviction Complaint in the Court.
July 6th, Landlord rec'd from HPRP funds enough to pay June and most of July 2011's rent, whereafter Landlord's attorneys filed for dismissal of the Complaint in the Court on July 11th.
Problem: I now have an eviction on my public record and have asked the Landlord and their attorneys to file something to remove this eviction due to the certification the Landlord signed June 15th promising NOT TO EVICT during the 30 day time period. Some attorneys I've spoke with explain that the Landlord did not violate the certification because the Landlord didn't throw me out, thus evicted, but I argue back that the word EVICT would include filing in the Court.
Am I wrong concerning my definition of EVICT and if I am not wrong, how can I get the eviction removed from my public record now since the Landlord or their attorneys refuse to assist me in this issue.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?