QUESTION

Will an unlawful detainer charge from 8 years ago come up on a background check?

Asked on Apr 04th, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
About 8 years ago, I moved from a higher rent apartment to a lower rent apartment in the same complex. As a favor to the manager, I moved mid-month. I did not pay my rent on time because I did not know what the amount should be in that situation. I left a message on the manager's machine, but for some reason, she didn't get it right away. There was a new phone system at that time. Meanwhile, she filed Unlawful Detainer against me without notifying my in writing or in any way. I called back to follow up about the rent and she notified me that someone from the apartment company was currently filing unlawful detainer against me. She called them, but it had already been filed. Since I didn't want to get evicted, I paid it. I did not know she was required to give me written notice. When I did a search on my name in Minnesota records, it shows that there was a unlawful detainee in my record but the specific records have been removed. I was not evicted and have lived in the second apartment since. I want to move out, but what should I do so it doesn't hurt me when I apply?
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3 ANSWERS

Demand of the three credit agencies the once per year free credit report to see if the default is still on our records. If so the management company should : 1) give you a letter explaining the error in a light favorable to you so that you can pass that on to a new landlord if the credit agencies keep it on your record 2) they should check if the complaint can be dismissed by them.
Answered on Apr 24th, 2013 at 12:22 AM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Ignore it.. 8 years ago is a long time.
Answered on Apr 23rd, 2013 at 8:48 PM

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I suggest that you call the Minnesota court and ask about having the record removed. I also suggest that you apply for a new place and see what happens. It may be that an 8 year old matter will not come up on your credit report. If it does, I suggest that you contact the three credit bureaus and get the item removed.
Answered on Apr 23rd, 2013 at 8:13 PM

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