Can I be declined for a receiving an eviction filing if it never resulted in an eviction?

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Can I be declined for a receiving an eviction filing if it never resulted in an eviction?

I recently applied with an apartment complex and they declined me saying I had an eviction filed on me within the last year at a previous residence. Which is true but I paid the apartment before being evicted and finished out the term of my lease according to the lease terms. It never became a judgement. They told me the resident screening company pulled the eviction filing through background check. Can they use that information to deny even though I never been evicted?

Asked on July 14, 2010 under Real Estate Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Apparently they can and they did.  You said that the apartment complex did file eviction proceedings against you but that the matter was settled.  Well it made it to your credit report anyway.  If you did indeed resolve the matter with your old landlord you need to go and have them change the report to the credit bureaus - all of them.  A letter written to all of them by you is a good idea as well.  This will stay on your record for a long time and cause you many hardships if you do not take care of it now.  Take charge and make sure that it is done.  Good luck.


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