I was evicted after I moved out

[smc635]

Jurisdiction

Florida

This is just bizarre. In November and December 2022 we had no hot water in the building which I lived in is illegal according to Florida law. In late November 2022 a management company sent a letter around telling tenants to withhold 30% of their rent as a gesture of good faith so I did. A few days later I had a notice taped to my door demanding the 30% which I had withheld (about $450). It turns out my landlord was not part of this management group. I then got a formal eviction notice delivered by the sheriff . In that letter on the second page it directed me to pay the $450 to the court registry until the matter was settled. I did not see it on the 2nd page because I was reading the first page about how and where to file an answer and did not see this requirement. I filed the answer but the landlord then filed a motion for summary judgment In mid December 2022 I gave notice to my landlord that I was breaking the lease due to its toxic mold infestation which resulted in the death of my dog and me getting cancer. I filed suit for the mold issue and recently settled and got the check. Then the court granted my landlord my eviction and placed that notice on my door on January 12, 2023. But I had moved out a few days before that. My landlord did this as revenge for me asking her to remediate the apartment and make it suitable for human habitation, which she never made any effort to do.

If you followed all of this my problem now is I need to get this eviction removed or sealed if possible. Is this possible. I have an 820 credit score and was never late or missed a rent payment. Advice on how to get this off my record?

 

[army judge]

If you followed all of this my problem now is I need to get this eviction removed or sealed if possible. Is this possible. I have an 820 credit score and was never late or missed a rent payment. Advice on how to get this off my record?

How Long Does an Eviction Stay on Your Record?

Your credit reports don't include eviction records, but if you owe rent or fees to your landlord and the debt is sent to collections, the collection account can appear in your credit reports and hurt your credit scores.
Evictions aren't part of your consumer credit report, but they may appear in tenant screening reports—also called tenant background checks—that landlords and property managers request when you apply for housing.

If you owe rent or fees and the debt is sent or sold to a collection agency, the collection account could wind up in your credit reports and hurt your credit scores. The collection account can stay there for up to seven years from the date your payment was past due.

Does an Eviction Show on Your Credit Report?

Evictions are public records, but they don't appear on your credit reports. The only public records that are part of your credit reports are bankruptcy filings.

But landlords often get your credit history and credit score as part of a tenant screening report. These reports can also contain your rental history (including evictions and lawsuits), employment verification, a criminal history report and whether you appear on sex offender registries or terrorist watchlists. Some reports also come with a risk score—similar to a credit score but created for landlords instead of creditors.

How Long Does an Eviction Stay on Your Record?

Eviction records can stay in your tenant screening reports for up to seven years. The same seven-year timeline also applies to other public records, such as judgments, Chapter 13 bankruptcy and information about lawsuits. However, Chapter 7 bankruptcy can stay on your report for up to 10 years, and there's no limit for criminal convictions.

Learn more >> Can Late Rent Payments Hurt My Credit Score?

Can You Get Evictions Removed From Your Credit?

Evictions don't appear on your credit report, but getting evictions removed from tenant screening reports and public records could be possible depending on the situation. Here are a few options you can look into.

Dispute Inaccurate Eviction Records

You have the right to dispute information in your consumer reports, including credit reports and tenant screening reports.

Although you might not be able to remove accurate records of collection accounts or evictions, you can dispute inaccuracies and errors, such as duplicate entries for the same eviction. According to a study of 3.6 million state eviction cases in 2021, 22% of those were ambiguous or false records.

However, it can be difficult to clear the errors from every report because many companies create and sell tenant screening checks. The Consumer Financial Protection Bureau (CFPB) maintains a list of consumer reporting companies, including major tenant screening companies. There are descriptions and contact information for each company. But smaller tenant screening companies might be included.

Review the State Laws

Some states have procedures for sealing eviction records—limiting who can see the record—or expunging, which removes the eviction record from public view altogether.

The law might require the court to automatically seal or expunge an eviction record in certain circumstances. Otherwise, you'll need to bring the case forward yourself.

Your rights and the process can vary widely, so try to find information that's relevant to where you lived when you were evicted.

Contact an Attorney

An attorney who specializes in housing law may have insight that can help you remove evictions from your records. You could try contacting a local legal aid clinic or other organizations that might offer free legal assistance—LawHelp .org could be a good starting point.

Learn more >> What Do Landlords Look for in a Tenant?

How to Rent an Apartment After an Eviction

A landlord might hesitate to approve your rental application if you've been evicted, but you do have some options for making your case for getting a rental.

• Explain the situation. If the circumstances surrounding the eviction have changed, explain what happened and why it won't happen again.
• Offer more money upfront. You might offer to pay a larger security deposit or prepay the first month's rent.
• Get a letter from your previous landlord. If you've worked things out with the previous landlord since the eviction, you could see if the landlord would write a letter of recommendation.
• Have other references ready. See if you can get rental references from other landlords or other types of references from your employer, previous roommates or colleagues.
• Get a cosigner. Ask a creditworthy friend or family member if they can cosign the rental agreement.
• Look for a rental that doesn't require a background check. Although it's not common, some landlords don't require a tenant screening check. They might still check your credit report or score, but won't see the eviction.

In general, you might have a better chance of renting from someone who has one or two rental properties than a large company.

How Long Does an Eviction Stay on Your Record? - Experian

Learn if an eviction appears on your credit report, how rent-related collections affect your credit and if you can get evictions removed from your credit.

www.experian.com

 

[smc635]

How Long Does an Eviction Stay on Your Record?

Your credit reports don't include eviction records, but if you owe rent or fees to your landlord and the debt is sent to collections, the collection account can appear in your credit reports and hurt your credit scores.
Evictions aren't part of your consumer credit report, but they may appear in tenant screening reports—also called tenant background checks—that landlords and property managers request when you apply for housing.

If you owe rent or fees and the debt is sent or sold to a collection agency, the collection account could wind up in your credit reports and hurt your credit scores. The collection account can stay there for up to seven years from the date your payment was past due.

Does an Eviction Show on Your Credit Report?

Evictions are public records, but they don't appear on your credit reports. The only public records that are part of your credit reports are bankruptcy filings.

But landlords often get your credit history and credit score as part of a tenant screening report. These reports can also contain your rental history (including evictions and lawsuits), employment verification, a criminal history report and whether you appear on sex offender registries or terrorist watchlists. Some reports also come with a risk score—similar to a credit score but created for landlords instead of creditors.

How Long Does an Eviction Stay on Your Record?

Eviction records can stay in your tenant screening reports for up to seven years. The same seven-year timeline also applies to other public records, such as judgments, Chapter 13 bankruptcy and information about lawsuits. However, Chapter 7 bankruptcy can stay on your report for up to 10 years, and there's no limit for criminal convictions.

Learn more >> Can Late Rent Payments Hurt My Credit Score?

Can You Get Evictions Removed From Your Credit?

Evictions don't appear on your credit report, but getting evictions removed from tenant screening reports and public records could be possible depending on the situation. Here are a few options you can look into.

Dispute Inaccurate Eviction Records

You have the right to dispute information in your consumer reports, including credit reports and tenant screening reports.

Although you might not be able to remove accurate records of collection accounts or evictions, you can dispute inaccuracies and errors, such as duplicate entries for the same eviction. According to a study of 3.6 million state eviction cases in 2021, 22% of those were ambiguous or false records.

However, it can be difficult to clear the errors from every report because many companies create and sell tenant screening checks. The Consumer Financial Protection Bureau (CFPB) maintains a list of consumer reporting companies, including major tenant screening companies. There are descriptions and contact information for each company. But smaller tenant screening companies might be included.

Review the State Laws

Some states have procedures for sealing eviction records—limiting who can see the record—or expunging, which removes the eviction record from public view altogether.

The law might require the court to automatically seal or expunge an eviction record in certain circumstances. Otherwise, you'll need to bring the case forward yourself.

Your rights and the process can vary widely, so try to find information that's relevant to where you lived when you were evicted.

Contact an Attorney

An attorney who specializes in housing law may have insight that can help you remove evictions from your records. You could try contacting a local legal aid clinic or other organizations that might offer free legal assistance—LawHelp .org could be a good starting point.

Learn more >> What Do Landlords Look for in a Tenant?

How to Rent an Apartment After an Eviction

A landlord might hesitate to approve your rental application if you've been evicted, but you do have some options for making your case for getting a rental.

• Explain the situation. If the circumstances surrounding the eviction have changed, explain what happened and why it won't happen again.
• Offer more money upfront. You might offer to pay a larger security deposit or prepay the first month's rent.
• Get a letter from your previous landlord. If you've worked things out with the previous landlord since the eviction, you could see if the landlord would write a letter of recommendation.
• Have other references ready. See if you can get rental references from other landlords or other types of references from your employer, previous roommates or colleagues.
• Get a cosigner. Ask a creditworthy friend or family member if they can cosign the rental agreement.
• Look for a rental that doesn't require a background check. Although it's not common, some landlords don't require a tenant screening check. They might still check your credit report or score, but won't see the eviction.

In general, you might have a better chance of renting from someone who has one or two rental properties than a large company.

How Long Does an Eviction Stay on Your Record? - Experian

Learn if an eviction appears on your credit report, how rent-related collections affect your credit and if you can get evictions removed from your credit.

www.experian.com

I am aware that an eviction is not reported on a credit report. However the find it when they do a background check or search court records. I was a few days away from being homeless when I got the apartment I am currently in despite an 820 credit score and sufficient income. Yes, I have called a few attorneys but one just told me you cannot seal an eviction despite my research indicating that while it is not easy, you can.

 

[army judge]

Yes, I have called a few attorneys but one just told me you cannot seal an eviction despite my research indicating that while it is not easy, you can.

Okay, Mr. REALLY-REALLY-BIGSTUFF, AKA, COUNSELOR, I was going to assist you, however, after your recitation hereinabove, I've decided to do NOTHING.

Best of luck to you.

 

[smc635]

You seem upset....for some reason. "
Yes, evictions can sometimes be sealed in Florida, but it depends on the specific circumstances of the case. Here are some key points about when and how an eviction might be sealed in the state:

1. Conditions for Sealing: Sealing is usually possible if the eviction case was dismissed, the tenant won the case, or if the tenant and landlord reach a settlement that includes an agreement to seal the record. In cases where the eviction was for reasons other than nonpayment (e.g., COVID-19-related hardships), courts may also consider sealing the case.
2. Court Discretion: Florida judges have the discretion to seal records but typically need a strong reason to do so. Sealing might be more challenging if the eviction judgment was finalized or based on the tenant's failure to pay rent.
3. Process: The tenant (or their attorney) can file a motion to seal the eviction record, explaining the circumstances and providing reasons why the record should not be publicly available. The court will then review and make a decision.
4. Effect of Sealed Records: When an eviction record is sealed, it becomes inaccessible to the public and, importantly, to tenant screening companies. This can help prevent future landlords from seeing the eviction, improving the tenant's ability to rent.

 

[adjusterjack]

I don't think that the eviction was finalized wrongly. It served as an order to allow the LL to repossess the unit and dispose of anything left behind.

If you think he got the eviction finalized improperly, you can file a motion to vacate the judgment.

See the resources in the following search:

florida motion to vacate judgment at DuckDuckGo

DuckDuckGo. Privacy, Simplified.

duckduckgo.com

No idea whether you would be successful or not.

 

[Tax Counsel]

If you followed all of this my problem now is I need to get this eviction removed or sealed if possible. Is this possible. I have an 820 credit score and was never late or missed a rent payment. Advice on how to get this off my record?

Florida has a pretty strong open records law. Civil court records may only be sealed in specific circumstances. The Florida Courts have a page on their site that discusses the requirements for making a case confidential (sealing the case). From your post, it appears the only reason you want to keep the record sealed is to avoid a hit to your credit record and that's not a reason that will get the courts to seal the case record. Depending on how long ago the eviction order was put into the court records the credit bureaus and other data companies may have already gone to the courthouse or searched the court's internet site to pick up the filing. If that has already happened it's too late for sealing to do you much good. If it does appear on your credit report you do have the right to attach a short explanation to the report explaining why you beleive the information to be inaccurate.

Did you participate in the eviction proceeding at all? You likely could have avoided the eviction judgment had you participated to keep the case open and then file a motion to dismiss based on the issue being moot after you moved out. You might want to see a Florida attorney for your options at this point.

 

[smc635]

Florida has a pretty strong open records law. Civil court records may only be sealed in specific circumstances. The Florida Courts have a page on their site that discusses the requirements for making a case confidential (sealing the case). From your post, it appears the only reason you want to keep the record sealed is to avoid a hit to your credit record and that's not a reason that will get the courts to seal the case record. Depending on how long ago the eviction order was put into the court records the credit bureaus and other data companies may have already gone to the courthouse or searched the court's internet site to pick up the filing. If that has already happened it's too late for sealing to do you much good. If it does appear on your credit report you do have the right to attach a short explanation to the report explaining why you beleive the information to be inaccurate.

Did you participate in the eviction proceeding at all? You likely could have avoided the eviction judgment had you participated to keep the case open and then file a motion to dismiss based on the issue being moot after you moved out. You might want to see a Florida attorney for your options at this point.

The eviction is not reporting n my credit file but that is not relevant as they found it during background searches through other means. I filed an answer but did not pay the court registry as required until about a week after it was due as I misunderstood the document. Because I did not pay the registry, the court ruled against me in summary judgment. I gave notice I was moving out before the eviction was adjudicated. I was gone for 6 weeks before the order was executed. This was done as revenge after my landlord learned that I got cancer as a result of the toxins in her unit and was afraid I would sue her. I did sue and they settled the case a few weeks ago. Florida attorneys are telling me an eviction cannot be sealed but my reading is that it can be under rare circumstances. I guess I just have to let this part of it go. I still have another case pending in this matter as my damages could approach 7 figures but my attorney handling that does not get involved in evictions.

 

[smc635]

Hi Lawyers.
I sued a building that was so toxic that people were dying. At lest 8 in the yer I was there, due to neurotoxins in the building. My attorney sued both my landlord and the HOA. The landlord settled the case so I "won" that one. But the case against the HOA is still going on. I just found out that a multi $billion real estate developer is in the process of buying the building. This seems like a good thing for me as it incentivizes them to get rid of my lawsuit before the deal closes. In general terms, is this a good thing for me? My damages might be significant in that I got cancer while living there. But my attorney tells me that would be difficult to prove that the toxins caused this.

 

[Michael Wechsler]

I'm sorry to hear about your cancer. It sounds like you may need an attorney who is a personal injury or toxic torts attorney and you seem to have someone who still should be able to give you some insight as to the chances of success in your situation. As such, your attorney, who knows all the specific facts and issues in your case, is in the best position to advise you and we couldn't do much except engage in wild speculation.

With regard to the mold issue, that's a vastly different type of legal issue. The very presence of mold in your apartment itself creates a problem for the landlord. It is their responsibility to remove and address issues caused, which is much easier to connect regarding mold ("causation") and also much lesser monetary damages are involved (easier to settle.) As to the presence of the neurotoxins, how many others were similarly harmed - or not? Could your cancer have been caused by a myriad of other possible sources? These types of cases often involve multiple parties in a class similarly affected.

With regard to rental history, you have my sympathies. It's difficult to get to the point where you can be considered for something and explain circumstances later. I don't know what type of 'management company' would provide the notice you received and it sounds more like a very unfortunate reliance on a tenant's group. I'm unaware of a method to seal the case given these circumstances. It's a difficult policy issue. Wish I could be of more assistance and good luck to you.