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Remove eviction from public record

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memster

Junior Member
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)?
 


Zigner

Senior Member, Non-Attorney
If your rent wasn't current, then you weren't in good standing with your lease. Or am I missing something...?
 

La-a

Member
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)?
I don't understand why you're so URGENT about this: it JUST happened!!!

And I see that only "most" of July's rent was paid...you aren't in any position to be making any DEMANDS upon your landlord.
 

Gail in Georgia

Senior Member
Were you able to pay the remaining rent for July (and now August) or will you be facing the same eviction problem again very soon?

Gail
 

Who's Liable?

Senior Member
Ohio (only U.S. law)? yes

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.
They are correct. Since the LL sought a dismissal and was thus granted a dismissal thru the courts, you were in fact NOT evicted. However that also means the LL must properly report your standing to the credit reporting agency(CRA), and thus MUST remove the "eviction" standing.

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)?
You must send a letter to them, CRR, specifically stating you dispute the report on your credit as an eviction, and they must remove it.

Failure to remove an incorrect report can lead to legal monetary damages.
 

memster

Junior Member
If your rent wasn't current, then you weren't in good standing with your lease. Or am I missing something...?
The HPRP process requires a 3 day Notice to Vacate to be eligible so they already know you are about to default on your lease. It was explained to me by the office that has the LL to sign the Certification that this section you pointed out means other parts of the lease, such as, being unruly, disturbing neighbors, anything the LL could use to say that not only did he not pay his rent, but he also blah blah blah.
 

memster

Junior Member
I don't understand why you're so URGENT about this: it JUST happened!!!

And I see that only "most" of July's rent was paid...you aren't in any position to be making any DEMANDS upon your landlord.
The reason I am so urgent about this is because my lease expires end of August, yes this month, and when I try to relocate the new LL "if" a background is conducted will see an eviction on the local public Court records where many LL's in Columbus Ohio will not even talk to you with an eviction on the public record.

The only "DEMAND" I wish to pursue with my LL or their attorneys is since it appears they jumped the gun in filing the eviction while under Certification NOT TO EVICT is to have the public eviction record removed, hidden, sealed or whatever can be done so that other LL's upon background checks will not see this appearing on the public Court record.
 

memster

Junior Member
Were you able to pay the remaining rent for July (and now August) or will you be facing the same eviction problem again very soon?

Gail
Yes I was able to pay the remaining July rent, even the $50 late fee that was slapped on me because the LL didn't receive the govt check until July 6th (due to 4th of July weekend snail mail) and the LL was refusing to deposit the govt check unless I paid the remaining $47remainingrent+$50latefee. Yes I paid August's rent, however other creditors such as utility companies didn't get paid because I didn't want to face this fiasco again.

Facing eviction in September? That's a good question because my lease ran out end of this month and LL has said nothing, but does intend to raise my rent to $900 or even $1000 beginning Sept. 1st, so I dunno right now.
 

memster

Junior Member
They are correct. Since the LL sought a dismissal and was thus granted a dismissal thru the courts, you were in fact NOT evicted. However that also means the LL must properly report your standing to the credit reporting agency(CRA), and thus MUST remove the "eviction" standing.

But will this remove the eviction from the public Court record where say I apply to live elsewheres and the new LL does a background check with our public Court record?


You must send a letter to them, CRR, specifically stating you dispute the report on your credit as an eviction, and they must remove it.

Failure to remove an incorrect report can lead to legal monetary damages.
I will definately check this out!
 

memster

Junior Member
They are correct. Since the LL sought a dismissal and was thus granted a dismissal thru the courts, you were in fact NOT evicted. However that also means the LL must properly report your standing to the credit reporting agency(CRA), and thus MUST remove the "eviction" standing.


You must send a letter to them, CRR, specifically stating you dispute the report on your credit as an eviction, and they must remove it.

Failure to remove an incorrect report can lead to legal monetary damages.
But will this remove the eviction from the public Court record where say I apply to live elsewheres and the new LL does a background check with our public Court record?

I will definately be disputing, that's for sure!
 

tranquility

Senior Member
In the first place, nothing is happening before the end of August. In the second, the eviction is going to be listed in many places. While the credit report will be the easiest one to find, there will be others. Even with the credit report, the eviction or not is not up to your theory of if it is right or not. Finally, any landlord who does not call all the prior landlords of the past few years is a fool. The new guy should get the scoop on what happened no matter what the OP does. It does help for the longer future to clean this up though.
 

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