View Full Version : My Landlord went to court for and eviction after I had already moved.
nspencer6523
Oct 15, 2009, 09:13 AM
How do I find out what is on my rental history. Hud is denying me a subsidized home because a previous landlord evicted me after I had moved to a new house. I need to know how to get a bogus eviction off my rental record.
DisabledinMD
Oct 15, 2009, 11:20 PM
I don't know about accessing rental history, but you can look up the court record for the alleged eviction. Were you even notified of this eviction hearing prior to it occurring? If you can present proof that you were not even living in the unit at the time the eviction hearing took place (records of payments to previous landlord and current one, rental agreement/lease with current one), you might be able go to court and get it overturned. Don't know if that would work, or not, but it's what I would look into doing.
If you didn't attend eviction hearing, and were never notified that it was taking place, you might be able to bring that up too. I just wonder why landlord would take such an action, and pay the court fees, if you already vacated unit? In MD court records are available online at the MDCourts website. Your state may have a similar set-up. Otherwise, you will need to go to the courthouse to search for the court hearing summary.
There are fees associated with getting copies of summaries and transcripts from the courthouse. If you have online access, you can print out summaries yourself, you will still need to go to courthouse for a full transcript, but a summary may be all you need. How did HUD find out about the eviction taking place?
Enigma1999
Oct 16, 2009, 12:07 AM
Hello Spencer,
Two quick questions for you, Was this an apartment or house that you rented and have you tried to contact them?
excon
Oct 16, 2009, 06:12 AM
Hello n:
We advise landlords to COMPLETE the eviction process once it's started. I'm SURE your landlord didn't go through that process just for the fun of it. It would be MY guess that you moved and left your landlord holding the bag.
Once the eviction happened, it's PUBLIC RECORD and you're not going to be able to hide it or remove it. Clearly, the time to appeal the eviction is long past...
But, you have two shots at fixing this, in my opinion. If you were never served for the eviction, you can go back to court and ask them to set aside the judgment for lack of proper service. Then there'll be a new trial, and you'll be able to tell the judge WHY he shouldn't enter a judgment against you...
However, the easier way, would be to get a letter from that landlord saying that you were a wonderful tenant and the eviction was a mistake.
excon