Evicted for My Landlord's Convenience: Why is It Fair to Show Adversely on MY Credit Report?
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Evicted for My Landlord's Convenience: Why is It Fair to Show Adversely on MY Credit Report?

Whenever possible make payments wtih money orders or checks.

Is renting the best option out there?

As a renter you are to follow certain guidelines so that your tenancy will be a pleasant one. The owner of the property you are renting from also has a guideline to follow. You make it a point to not only pay your bills on time; most people I know put the cost of rent first, making it a point to make sure the money needed for the rent is ready to be paid.

What can you do when your happy home is threatened by an eviction and it has nothing to do with money?

You made all of your payments on time or early. You are a good tenant, following all procedures that are expected. You care for your rental as if it were your own. Then one day you are delivered without warning a thirty-day notice. After which soon follows an eviction notice. You’ve done nothing wrong, but your landlord obviously has.

You later find out, your landlord had to foreclose on the property at which they resided. Now leaving them no choice but to evict you so they have a place to live, how is that fair or a better question:  how is that even allowed by law?

Is this fair to you to fall victim to their circumstances?

• You must continue to make rental payments, and save money so that you will have the required amount of money to cover cost.

• If you are going to attempt to locate a new home through a broker, well then you better work a lot more hours.

• Brokers fee, usually the amount of the rental for one month. Or can be by percentage of yearly rent.

• Application fee, this fee can be $25. but go up to $150 per adult person

• Credit check and in some cases background check. Should not cost more then $20 to get a credit report.

• One month or two of security, which is usually in the amount of the monthly rental cost.

• First and last months rent.

Let’s not forget the movers, depending on what you have to move it can cost $500. Up to thousands of dollars. This is if you use a licensed moving company.

I have used both types and must say either are good. I have had no bad experiences as far as movers go.

I try to list on my site what I can to be helpful, because if you don’t know you can get robbed and not realize it.

My understanding of this is, the landlord is to produce certain fees to the individual they are evicting. When fault is not upon the tenant, I have not investigated that as of yet.

So now that an eviction is pending you must start your search for a new apartment.

Why is it okay for a potential landlord to check every aspect of your life but you can not check out their life behaviors? Are they not strangers as well, do they live life accordingly? I have the right to know whom I will be paying money, too.

The rules are different for whatever type of structure you live in. A private house, although great in thought, now in practice I regret the choice. Now an eviction hanging over my head. My preference now is to move to an apartment building. However, I have just found an apartment in yet another private house. My choices are limited; large management companies view your credit report and see an EVICTION, they will not look past it.

So although now I would like to live in a building, I have to subject myself to a private dwelling yet again.

In my search for a new home, I realized there is a big scam going on with real estate agents and or brokers.  I made multiple phone calls and attended appointments at various real estates offices.  I was told when calling they had an apartment I would be interested in viewing. When I arrived, I would fill out an application and make a payment for an application fee. This usually covers the charge for a credit check as well.

I would pay the fee then again inquire about the apartments available. Before they even process my application, I would be told those apartments are no longer available. They tell you, we have your information and will contact you when we get the new listings.  Don’t dare request copies of your paper work or a receipt for money you just paid.  It’s only $45.00 why do you need a receipt? If you ask for a copy of your credit report. they respond with, we do not give out copies.

Some would say yes, we have apartments available which meet your requirements. Do you have the required broker’s fee? We must collect the fee before we can show you the apartment.

Some of these real estate agents act as if they are Gods of sorts and prey on your circumstances. There needs to be a thorough investigation on these places.

There was also a write up in the NY DAILYNEWS, 9/23/09, about scams on a larger scale with brokers, etc. The Bronx borough president’s office got involved.

Be careful when searching for a new place to live in New York, it can cost you in ways you never thought possible.

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Comments (9)

Interesting article. Yes, in these times when homes are being foreclosed on, I think it is appropriate to ask your landlord if all bills are being paid and if some record can be provided of this. The landlord has the right not to answer, just as you have the right not to answer when they ask you questions. But if you find a good landlord they should not mind that inquiry. As for paying fees to brokers, brokers understandably do not want to show apartments to tenants who can not qualify for them on account of credit or other issues. However you should be able to pay the fee and fill out the application AND view the apartment(s) all on the same day. Whenever you pay money for anything you have a right to a receipt showing what you paid and what the money was paid for. Don't allow people to push you around, stand up for your rights, including the right to move on to somewhere else that respects them.

What you wrote about is not legal in most if any states. There are only certain reasons a tenant can be evicted. And what you wrote about is not a valid or legal reason to be evicted. Were you under a lease when you received this 30-day notice. If you were, than the landlord is breaking the lease. You cannot be told to leave without a legal reason if there is a lease, sounds like the landlord broke the lease. If you were month to month than the landlord can ask you to leave in the required 30 days. But if you were given a 30 day notice to move, there most certainly should not have been an eviction notice. Did you receive a 3-day notice first. In most states you have to get a 3-day notice before you get an eviction notice. The usual 3-day notice will state the reason, usually for money owed. In most states the eviction notice has to give a reason for the eviction. There cannot be any eviction without a court hearing first. You should have gone to court with this and shown the judge you were being evicted without any valid or legal reason. There are strict legal reasons that a person can be evicted and your landlord didn’t have a legal reason for an eviction process. If you didn’t go to court, you can file in court and go to court claiming this was an illegal eviction and get it removed from all of your credit reports and off the court record. You can also sue you landlord in small claims court for ALL the costs this illegal eviction and or his/her breaking of the lease.

With this entire experience I have learned so much. In the end the reason the landlord stated for the eviction was he needed his property back. I know it was truly retalitory because they have stolen my electricty, over charged me rent, stolen my property and my name. So much has been done wrong to me and the funny thing is, I reported them, not at first I let a few things go, but the more I let go the more they did too me. I just got tired of all the neglect in repairs, and just as I thought it would not get worse. They would do something else. If I call to report I have no heat or hot wate. HPD which is the agency the complaint goes to, would call the owner about the complaint. The knows within 72 hrs of the complaint HPD will investigate at the address. So they would turn the boiler back on. I thought the law would be on my side and I documented everything. I was wrong, went to court and the court says not retalitory cause its a private house. It's a holdover proceeding and I owe no rent. With everything I still pay my rent. As long as you pay your rent and never complain about anything then you will be fine. The should protect tenants, but it doesn't. As for the lease, the landlord broke the terms of the lease after the first year. When I moved here, I had a one year lease. When it was time to re new the lease. The landlord brought me the lease and asked if I wanted a one year or a two year lease. I told him I would take a one year lease. All was fine, next thing I know we never had a renewed lease. So by the time this all went to court, my lease was expired. At the end of the day, I just wanted to move and forget this experience. Definitely time to move on, but I feel so robbed by the landlord and the justice system. I followed the rules and the law, I never complained until things got really bad and that was after my first year in the apartment. If I am paying you $1,600. a month on time the least you could do is provide me with a good standing apartment, and not steel from me.

What you write would never fly here where I live. No heat has to be fixed within 72 hours at the very most. No judge would allow an eviction without a legal reason. No judge should have allowed the landlord to break the lease. Maybe you should talk to a lawyer. Sounds like an illegal eviction at the least and you should be able to sue for damages. Retaliatory might not be a good phrase to use, since its very hard to prove the thinking of someone else. But the illegal eviction or breaking of the lease is pretty black and white.

Thanks for your comment, I will look into it but after I am completely gone from this apartment. I need to get it off my mind for a minute. The problem is the entire situation is so complicated that no one wants to involve themselves. Another example of injustice, I live on 2nd fl, on 3rd fl was a flood, completely destroyed my home office computer, printer, etc Approx: $1,100 in damage for my personal items. I had a car I was paying to park, no plates or insurance, didnt drive it. At the time I couldnt afford to put it on the road. NY high prices and such. After the damage landlord didnt have money to make good on my items. He offered me a spot on another property to pk my car for free. No time limit, nothing, he stated he owes me and this would be a wayto repay me. After a few days I said yes. I was getting ready to move to P.A. and intended to put the car on the rd to drive there and find a house. The car was there a good 8months but in this time landlord never asked me to move it never said a word. I let him know I would be removing the car very soon. When I went to move the car the gas line was cut. Few days later got someone to fix it, went back car was gone. Called 911, said civil matter, no report could be made. Went to civil court and sued for over charge of con ed and rent and the car. day of hearing owner settled $1,000 but I was told I could not sue for the car it was a police matter and contact my D.A. Went home did that, got the run around and avoided. Oh the landlord said the marshall took the car, lie. I knew it wasnt possible but I check with every city agency that might maybe have a reason to take it, nope ran my vin nothing. Then I found out what he did. Someone told me he had it towed to a salvage yard, oh yes I got a signed and notorized statement from person. Went back to police THEY TOLD ME CAR WAS DESTROYED SO I CAN NOT PRESS CHARGES. Every turn I took to get justice I got screwed! I do intend to sue after I move for the cost of moving just have to find out exactly what I can sue for.Thank again

It sounds as though you have definitely had some difficult times here. Here are a couple of things that may help in the future: 1. Renter's insurance - This could potentially have helped with the flood damage, and even possibly the car (comprehensive car insurance can help there too for theft/vandalism). Renter's insurance is very inexpensive for the coverage it provides, and a landlord's policy does not cover tenant possessions. 2. When it comes to you and your landlord, get everything in writing. A lease is not valid until you have a signed copy of it in your hands. If your landlord makes promises to you after the lease is signed, get them in writing so you are protected. I hope your future landlord is much better to you, but these things should help to protect you even if they aren't.

What I don’t understand is the lack of help you couldn’t get from the city agencies. Like Benjamin said, always get everything in writing. Verbal words are very hard to prove and everyone has a convenient memory at times. I still think you need to get a lawyer and discuss this with them. At the very least sue the former landlord for an illegal eviction so you can get it off of your credit report. There is no reason this mess should haunt you for x amount of years on your credit report. One thing I missed. Did you go to court on the eviction process ?

Hello Thanks for your input and advise, renters insurance yes I will get that for sure this time. As for everything in writing, lol I'm like a nut now with pen and paper.

I was shocked to say the least of the neglect from city agencies and the courts. Yes I started in court in March of this year. I still paid my rent and would go back to get more time cause my understanding was I would have six months time through the courts. September 22 made it six months. I could not get more time. I ran into a problem with money, cause as you know you need brokers fee, application fee, credit check fee, one months rent, last months rent and lets not forget the security. Oh and the movers. I kept getting turned down for apartments because of the Eviction. I went back to the court put in order to show cause. Thank GOD the Judge gave me until 10/05, but I still needed to find an apartment and still short on the movers money. Thank GOD I did finally find an apartment, got the paper work signed, but I can not move until 11/1 because thats when the lease starts, and I figure by then I will have the rest of the money I need. So I am PRAYING that the Judge will give me about two more weeks. I know by then the apartment will be ready and the landlord will allow me to move in a week early, but again that will cost more money. Keep in mind th apartment is $1,724. per month. multiple that amount, First and last month rent, security and brokers fee, plus movers and partial payment to move in early. I need a three bedroom because I have four kids, and the fact that school just started and they all needed school clothes did not help, lol I keep my head up and know it will all pass and things will get better. I just really hope I get a few more weeks before I have to move.

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