How to dispute an incorrectly filed eviction?
3 attorney answers
I suggest you consult with a local real estate attorney as soon as possible. If you entered a release of the lease from the landlord's property manager, it's possible there is a new property manager that was not aware of the release when he/she included you in the eviction lawsuit. It is not unusual for landlords to release tenant's from liability when there is a substitution of parties, divorce, other consideration, etc., but the release must be written and signed by all the parties. Your name will not be purged from the clerk's records, but your attorney may be able to obtain a court order showing you being dismissed as an improper party, so that other prospective landlords can verify the grounds. Regardless of who has been the governor, there is a long history of clerks not being allowed to purge records without a court order.
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You actually have two issues here. It appears that the Landlord received a Default Judgment against you for eviction, and if so, you MIGHT be able to 'vacate' that judgment. Your problem, if you have one, will be rooted in the terms of your purported, "tenant vacating agreement," which honestly, I have never heard of, and frankly, I am very skeptical of. Why on heavens earth would a Landlord agree (and your ex agree) to RELEASE you of you of your obligations. That just makes no sense at all. I just don't get that, so the first thing you'll need to do is have a good local tenants lawyer review that. It NEVER happens, at least in my 30+ years of experience. Ever. Unfortunately, as for removing your "name" from the pleadings, THAT is not at all likely, and it is one reason we all caution so strongly here try to PREVENT the 'filing' of any civil lawsuit, but most particularly evictions, where that record is reviewed by prospective landlords. Once there, it remains there pretty much forever, and cannot be removed. There are a number of 'progressive' states thats prohibit the use of such filings as a factor in prospective tenant applications, but the chances of that happening here, w/ a republican governor, and pro-business legislature, are minimal. One gets who they vote for. Hope this helps. gsg
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This needs to be done in court. You need to hire an attorney and vacate the judgment against you. Good luck.