How to Fight an Eviction You Think Is Wrong

If you receive a legal or official notice of eviction, make certain that the notice contains accurate information. It’s important to do some research to confirm that the notice is in accordance with the law in notifying you of your upcoming eviction. This is especially important because you’ll need to know how to fight an eviction you think is wrong.

The reason you want to check that your landlord filed the notice legally – and that the eviction is justified – is because this information appears on your rental history report. In fact, the notice of eviction is listed, as well as the date of eviction, if it follows through. If you do end up evicted and attempt to find a new apartment, you might discover landlords refusing to rent to you because they’ve looked up your rental history report and see that you have an eviction history.

How to know if an eviction is on your record:

Get a copy of your rental history report to check it over for eviction records, as well as other background information like your criminal history and your credit history. If you find any information that is inaccurate, take steps immediately to correct the errors.

Here’s how to fight an eviction you think is wrong:

Take legal action – contact an attorney who specializes in rental agreements. Share with the attorney all information and correspondence you’ve had with your landlord, including a copy of your lease agreement, the notice of eviction, and any supporting evidence you have against the notice of eviction. The attorney will handle notifying the landlord if he thinks your eviction notification is in error, and will also be responsible for filing the case in court if your landlord wants to continue forward with the eviction process.

Is My Rental History Affected by My Spouse’s Credit Record?

Renting an apartment can be a challenge, especially if the renter does not have good information appearing on his rental history report. But when a couple is involved in the renting process, they have options to consider, which might make the rental process easier.

When applying for a new apartment or home to rent, a couple can choose to put one person’s name on the lease or both names. If both members have good credit information appearing on their rental history reports, they should both appear as good candidates to a landlord. If they put both their names on the lease, rental payment history information will be recorded in each report.

However, if one spouse has a bad credit record, it might be a good idea to only have one name attached to the lease. Each person’s rental history report is unique to that person. Individual records like credit reports and criminal records do not cross over to another person’s rental history report. The person with the better report is the better candidate to apply to rent the unit.

One thing couples should keep in mind is the spouse whose name is on the lease will be responsible for all conditions of the lease agreement with the landlord. This includes paying the rent on time, obeying the rules stipulated in the lease agreement and fulfilling all terms of the lease. And only the person with their name on the lease will have information reported to their rental history report.

What does a divorce mean for future renting opportunities?

When a couple goes through the legal process of divorcing, it can raise questions of how the divorce will affect both people’s rental history reports. The answers all depend on what kind of history both individuals have prior to the divorce, and what agreements are made during the divorce proceedings.

For example, if both people signed leasing documents during the marriage, they both will have rental history reports made in each name. And if they were evicted or fined by landlords during that time, that information could appear in both their reports. However, if one person is arrested, declares bankruptcy or has a low credit score due to not paying bills on time, only that spouse’s rental history report will reflect that information.

If the lease agreement won’t expire for some time, during the divorce proceedings the couple should come to a rental agreement on who will continue to live in the apartment, and how the rent will be paid through the end of the lease.

However, if only one member of the couple puts their name in the lease, it could leave the other spouse without any rental history information once the divorce goes through. In a situation like this, the spouse might be interested in getting a referral from the previous landlord attesting that he was a good renter, even if his name wasn’t on the lease agreement.

In cases where the couple owned a home, and one person plans to move out into a rental unit during the divorce proceedings, landlords will probably do a verification of rental history prior to agreeing to rent the unit.

The divorce won’t change any information on the rental history report, but the person might want to review the report to ensure that all other information is accurate.

Tips for First Time Renters

Moving out on your own for the very first time is exciting and liberating, but it can also be scary. And as with anything else in life, it’s important to set out on the right foot. There are a few things you can do to make your first renting experience a success.

By following a few basic tips, you’ll help ensure that your first rental experience is a positive one:

* Make sure you can afford the rent. If you’ve never budgeted for housing expenses, it can be difficult to estimate whether or not you can afford to live in a certain house or apartment. If you don’t already have a household budget, now is the time to start. Run through your expenses from the last month to get an idea of what you can afford. Housing experts recommend paying  no more than 30 percent of your take-home pay for rent. Late payments or an eviction will put a black mark on your rental history report, so don’t guess when it comes to what might be affordable.

* Get it in the lease. Reviewing the lease is important for all renters, but novices should be sure to spend a little extra time reviewing their rental agreements. Be clear on which responsibilities are yours and which ones are your landlord’s.

* Factor in hidden costs. If you’ve never rented before, you likely have no idea what to expect in terms of heating, electric and water bills. If these costs aren’t part of your rental agreement, be sure to get an estimate from your landlord before you sign a lease, so you can factor them into your budget.

* Be ready to show that you can afford the rent. If you don’t have a rental history, your landlord may want additional proof that you can pay the rent. Often proof of income will do the trick, so a recent pay stub or bank statement will usually be enough. You may wish to black out account numbers or other sensitive information before handing them over.

What Do Landlords Want to Know About You?

Entering a rental agreement involves a level of trust from both tenants and landlords. Tenants must be able to assume that landlords will be responsive and take care of needed repairs and landlords want to know that tenants will pay the rent and won’t cause trouble in the neighborhood.

While these expectations have been in place for years, tools like rental history reports and credit history reports are more available than ever, making it easier for landlords to access information about potential tenants. If you’re in the rental market, here are a few things that landlords want to know about you:

* You’ll pay the rent on time. Landlords have a variety of ways to predict this. Where once it might have been more common for them to ask for employment information or proof of income, tenant credit checks are the easiest way for landlords to predict whether tenants will pay the rent.

* You’re not a criminal. Landlords want to be assured that you won’t be a problem tenant that brings trouble to the neighborhood. A tenant background check will usually include a check of a tenant’s criminal history.

* You’ll honor the lease. Complete rental history reports will also include a rental history check that will show whether or not the tenant has a history of evictions or other problems with landlords.

While landlords will conduct their due diligence and work to find out this information about renters, tenants also have the ability to check their own rental history. The easiest way to find out if you have any red flags on your rental record is to purchase your own report. See a sample rental history form here for an example of what you’ll receive on your report.

7 things that should be included in your rental agreement

When you’re looking for a house or apartment to rent, you likely ask a lot of questions. Getting the answers to them will help you determine if the property is a good fit for you. What your landlord tells you is important, but nothing matters more than getting your landlord’s responsibilities, as while as yours as a tenant, in writing.

Here are seven things you should make sure are in any lease or rental agreement form before you sign on the dotted line:

• Agreed-upon rent, payment instructions and the term of your lease. This is something you’ve surely discussed with your landlord and this information should be included in every rental agreement, but it pays to make sure.
• Process for getting out of your lease. Especially if you’re on a month-to-month lease, it’s to your advantage to know how much notice you must give if you’re planning to move out. Be on the lookout as well for any terms that would force you to move out before your desired date.
• Who covers utilities? Again, this is something you’ll likely review with your landlord before you sign a lease, but you’ll want to make sure it’s clearly spelled out on your lease in order to avoid future disputes.
• Needed repairs. It’s best to have your landlord make any needed repairs before you sign a lease, but if that’s not an option, be sure to get in writing which repairs must be made and the date they should be completed by.
• Maintenance responsibilities. Landlords typically assume all maintenance responsibilities unless otherwise agreed to and stated in the lease. Double check the rental agreement to make sure these responsibilities are consistent with what you and your landlord have agreed to.
• Contact information for your landlord. The lease should also include information on who you should call if you have questions or maintenance requests.
• Security deposit information. The lease should include the amount of your security or damage deposit and the procedure and date for returning it to you when you leave.

By making sure your lease includes all the necessary information, you’ll help yourself avoid any conflicts that could turn into a black mark on your rental history report.