How can I get a Notice of Eviction expunged from my record?
Now that I am looking for a new rental unit I was notified by the home owner that there is an eviction notification on my record.
Is there anything that I can do to have this removed? Who do I go to for help with this?
1 attorney answer
Tenant screening services are regulated by the Fair Credit Reporting Act (FCRA). Under the FCRA you should receive a written adverse action notice from your prospectively landlord, identifying the service which provided the report. You have a right to a copy of the report, and you should request it. Under the FCRA, it is permissible to report negative information - such as a previous eviction - but the information reported must be accurate and there are limits on how long negative information can be reported.
Look at the report. If the information is inaccurate or misleading, then you may be able to get it removed by writing a dispute letter to the tenant screening service. If the information is accurate and not misleading, and is not too old to be reported, then you cannot get it removed. However, it will not necessarily appear on all tenant screening service reports.
If you need assistance with this, you should find an attorney with experience in FCRA litigation.