Q: How can a previous landlord place an eviction on my record, if I was never evicted?
I am trying to get an apartment, and I keep getting denied based on a eviction that shows up on my record from a previous landlord. I was never evicted. The previous landlord started the eviction process 3 times, but all three times it was "Order Of Dismissal W/out Prejudice". How is he able to now place an eviction on my record, as well as attaching a large sum of money he claims I owe him to my credit report. I did not owe him any money when I moved out of the place.
A:
If you are being turned down because of a background check that reveals erroneous information, the prospective landlord has to notify you of who did the background check. You should contact them and find out exactly what they based that report on and either have them correct the report or have you contact the court to confirm an eviction was entered against you, perhaps in a fourth filing you somehow missed?
As for the credit report issue, you can dispute the debt in writing with the credit bureaus. If the ex-landlord agrees that you do not owe any money, then he should be willing to help correct the report but if he sticks with his report (or the collection agency that he turned the alleged debt over to), it will likely remain on your credit record though anyone checking is supposed to also be provided with a copy of your written denial and dispute.
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