How can an eviction be taking off public records when it was filed by mistake?

Asked by Towanna Brinkley, Raleigh, NC Mon Aug 29, 2011

I was having trouble at my apartment and I decided it was in my best interest to break my lease. I had written a letter to the owner of the community telling him my experience I had with the property manager when my apartment flooded because of their washing machine. That happened the first week of me moving in my new place and that is when I sent the email to him and still have a copy. Therefore, when I decided to break my lease I made an agreement with the property owner to make payments of $150 until my balance was paid off. The manager of the property went to court and said that she evicted me in July, but I was moved out by June 5 of 2010. I spoke to a rep of the company and asked her about the eviction and she said they did not know anything about that because they did not authorize the eviction. I was able to get the eviction dismissed but it is still showing up on my credit as an eviction and I am unable to rent from anyone right now. What are my options?

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Venita Peyton, Agent, Raleigh, NC
Mon Aug 29, 2011
Send a copy of the official court dismissal with a dispute letter to all 3 credit bureaus. They will have to follow up with the company for a response. You should see a resolution within 30-45 days. If not, hit me back.
1 vote
Mark Pelshak, Agent, Morrisville, NC
Mon Aug 29, 2011
Hello Towanna,
I am so sorry that you are having to deal with this situation. Do you have documentation of the agreement you made with the property manager regarding the $150 payments? What about documentation showing that you were able to get the eviction dismissed? If you take all documentation along with all emails to the apartment complex you are interested in renting from, I don't see why they would not overlook this blemish on your credit.
In the meantime, don't give up fighting this, especially if you know you are in the right. It might take some time but you should be able to repair your credit again. In the very least, it seems to me like you have a legal standing were you to challenge them in a court of law, however I am not a lawyer and cannot give any legal advice. Just an observation.

I wish you all the best!

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