[lostneedadvice]

My husband and I tried to apply for an apartment only to find that he has an Unlawful Detainer suite against him from 7 years ago that he/we were not aware of AT ALL. In fact, he apply to rent with this place with a couple of friends, but never moved in. He ended up getting really sick and moved in with his mother instead. How do we get this removed from his and now our record?

[ScottGem]

Try explaining to the apt complex what happened? Where did they find the record of this? Do you know what court the suit was filed in? Do you know the result of the suit? Has he rented apts in the interim?

[lostneedadvice]

We learned this unfortunate suite when applying for an apartment. We never knew about it because we haven't had to rent for 6 years and we have been in the same place never learning this situation. He actually moved in with me when we got married and had no need to check. We have went to the court house to purchase the paperwork on the situation. It looks as though he was the third party on the renter lease with his buddy as the primary, and another roommate as well. Apparently when he didn't move in they never took him off the lease and ultimately rented his room to another person in his place. Is there anything we can do to get this removed?

[ScottGem]

First a suite is a group of rooms, what you are talking about is a civil suit. You aren't answering my questions. HOW did you learn about it? I'm guessing the apt complex did a background check so somehow they found this. They need to report to you WHERE they found it. And yes, you need to get the details from courthouse. Without knowing the status of the suit we cannot tell you how to get it removed.

Again, did you try explaining this to the apt complex you applied to?

[lostneedadvice]

What do you mean where? Like what credit report? Also, yeah they found outduring credit check as you said and told us about it. Apparently, it was an eviction for a failure to pay. The guys my husband was supposed to roommate with never paid rent one month.

[ScottGem]

If it was from a credit report, then you can try contacting that credit bureau about removing it. If its more than 7 years it should be removed.

[Fr_Chuck]

If he signed and was on the lease of an apartment, but failed to move in. they do not have to take his name off, unless the application was stopped, Did he notify the landlord before the application was approved, that he cancelled and was not moving? I doubt it

So yes, he would be held liable for the actions of the other parties on the lease, even if he was not there. He did not handle, the apartment rental properly, and assumed he was not liable, after signing lease, but not moving in.

[ScottGem]

Just wanted to comment on Chuck's response here. There are a few things we don't know here. First, we don't know what the suit was for. Was it just to evict the leaseholders or was it also for damages . We also don't know if a judgment/eviction order was issued or if the landlord just filed for one. We also don't know if the suit was settled or not. There may be outstanding damages that he is liable for. You need to know these things to determine how to deal with it.

But clearly, he handled the whole situation badly. He did not notify the landlord of his intent to pull out. He did not leave a forwarding address, or, if he did, he ignored notices of this suit. In these days of identity theft, one should be checking their credit reports, at least annually. Had he been doing so, he might have caught this sooner.

But none of that helps you deal with it. You never answered whether you have talked to the complex about whether they can overlook this blot on his record given the circumstances.