retirednavy62
New Member
I need some advice on a matter that I just recently discovered. I was denied credit for a loan and requested my credit report and discovered that a former Landlord I had while I was stationed in Virginia Beach back in 02-03, had a judgement placed on me for "Unlawful Detainer".
I was not a tenant of his at the time this was done against me. The case was heard in Aug of 03. I was living in North Carolina at the time and not on any lease what so ever with this Rental Office.
I rented a house from this Rental Company in March of 02 for exactly 12 months.
I retired during that term and at the end of my 12th months, I went to the rental office (as per their protocol) and terminated my lease. I was renting the house with a fellow sailor and at the end of my term, we both went into the Rental Office and he signed an additional 6 months lease (since the owners were coming back) with the landlord for a lower amount since he didn't have a roommate and it was a short term lease. Our original lease was $800 a month but since my term was up, the landlord lowered the rent for this man to $600 a month.
I had paid a $1600 deposit for my portion of the lease and my roommate paid $800. I was told by the rental office that my deposit would be returned.
I never saw my deposit and was led to believe that my former roommate was given it. (Another Story)
Anyway, I found out a few weeks ago about this judgement. I would have never suspected a judgement against me since my term while at the residence was flawless.
I contacted the lawyers who were listed under the judgement and they informed me that it was due to not paying rent for July (an eviction). I told them I wasn't a tenant there. That my lease terminated in March of 03'. A full 12 months lease only. The landlord even posts on his website that his leases are 12 months. I further added that the landlord can't even produce to me a lease (for that time in question) with my name on it. I asked them if they could copy the file and send it to me. I was informed at that time that there was no file. It was at this time I learned that when they go to court to file for "Unlawful detainer" they do not need to produce any lease, just the names of the tenants and property address. I was also told that I wouldn't of received notice of this court hearing -since I was living there and not paying rent I was obviously aware of an eviction. I explained again, that I was NOT a tenant there. That my lease expired in March of 03 and that the Navy paid for me to move to NC and I can verify that. This landlord isn't going to allow me to live in his house without a lease.
I called the courthouse and was told that I can have this removed from my credit -but only with the cooperation from the Landlord.
I wrote the Landlord a letter asking why this was done to me. He has records of my lease and the termination which was March of 03'. That I was not a tenant of his in the months following and this matter has to do with my former roommate. I requested that he contact me to straighten this matter out. I went to the Virginia Beach court documents and was able to pull the order and it has both my name and my former roommates name on it. Judgement is for $600. Again, this is the amount the new lease stated with my former roommate.
I contacted Navy Housing in Norfolk to assist me in this matter. They got about as far as I did with the Landlord. After a week of him avoiding my calls, I was contacted by someone at the rental office stating that she doesn't have any records there concerning my lease with them and would have to wait to speak to the Landlord about this. After that, there was no more contact.
I received a letter from Navy Housing stating that the Rental Office said basically it's my problem and that they don't have to produce any proof of what they did for or against me. They also said that they don't have the old records. I find this hard to believe since it is a Rental Broker (full run business) and would call for keeping records for Tax purposes.
Why do this? I just want the judgement removed.
Now, I have no proof aside from the Military discharge and them paying for my move to NC as well as my new residencey and job in NC which took place on March 1, 2003.
What kind of proof can I show since I never renewed a lease with him for that time?
I would think that the burden of proof would be on the landlord to say I was a tenant there.
Since this has met a stonewall, I was referred to Navy Legal but the problem is, Navy Legal won't discuss this with me over the phone. A little hard to take off work to get up to Va Beach.
Also, in the letter from Navy Housing that they sent to Navy Legal, they mentioned that the landlord failed to return my $1600 deposit nor did he notify me within the (45 day) time frame. He had my forwarding address at the time of my termination.
I feel that this is a case of slander, libel and or defamation of character. Their complete unwillingness to assist me in this shows what I am dealing with.
I know I can take him to small claims court but without that newer lease, I still am left with no proof other than my Navy papers. This guy will use a lawyer against me.
As this first begun, I just wanted them to pull the darn lease, suck up their mistake and remove me from my obligation. Now, I am furious over their lack of regard for their negligence in this matter and want to pursue this to the fullest.
Any words of advice would be greatly appreciated.
I was not a tenant of his at the time this was done against me. The case was heard in Aug of 03. I was living in North Carolina at the time and not on any lease what so ever with this Rental Office.
I rented a house from this Rental Company in March of 02 for exactly 12 months.
I retired during that term and at the end of my 12th months, I went to the rental office (as per their protocol) and terminated my lease. I was renting the house with a fellow sailor and at the end of my term, we both went into the Rental Office and he signed an additional 6 months lease (since the owners were coming back) with the landlord for a lower amount since he didn't have a roommate and it was a short term lease. Our original lease was $800 a month but since my term was up, the landlord lowered the rent for this man to $600 a month.
I had paid a $1600 deposit for my portion of the lease and my roommate paid $800. I was told by the rental office that my deposit would be returned.
I never saw my deposit and was led to believe that my former roommate was given it. (Another Story)
Anyway, I found out a few weeks ago about this judgement. I would have never suspected a judgement against me since my term while at the residence was flawless.
I contacted the lawyers who were listed under the judgement and they informed me that it was due to not paying rent for July (an eviction). I told them I wasn't a tenant there. That my lease terminated in March of 03'. A full 12 months lease only. The landlord even posts on his website that his leases are 12 months. I further added that the landlord can't even produce to me a lease (for that time in question) with my name on it. I asked them if they could copy the file and send it to me. I was informed at that time that there was no file. It was at this time I learned that when they go to court to file for "Unlawful detainer" they do not need to produce any lease, just the names of the tenants and property address. I was also told that I wouldn't of received notice of this court hearing -since I was living there and not paying rent I was obviously aware of an eviction. I explained again, that I was NOT a tenant there. That my lease expired in March of 03 and that the Navy paid for me to move to NC and I can verify that. This landlord isn't going to allow me to live in his house without a lease.
I called the courthouse and was told that I can have this removed from my credit -but only with the cooperation from the Landlord.
I wrote the Landlord a letter asking why this was done to me. He has records of my lease and the termination which was March of 03'. That I was not a tenant of his in the months following and this matter has to do with my former roommate. I requested that he contact me to straighten this matter out. I went to the Virginia Beach court documents and was able to pull the order and it has both my name and my former roommates name on it. Judgement is for $600. Again, this is the amount the new lease stated with my former roommate.
I contacted Navy Housing in Norfolk to assist me in this matter. They got about as far as I did with the Landlord. After a week of him avoiding my calls, I was contacted by someone at the rental office stating that she doesn't have any records there concerning my lease with them and would have to wait to speak to the Landlord about this. After that, there was no more contact.
I received a letter from Navy Housing stating that the Rental Office said basically it's my problem and that they don't have to produce any proof of what they did for or against me. They also said that they don't have the old records. I find this hard to believe since it is a Rental Broker (full run business) and would call for keeping records for Tax purposes.
Why do this? I just want the judgement removed.
Now, I have no proof aside from the Military discharge and them paying for my move to NC as well as my new residencey and job in NC which took place on March 1, 2003.
What kind of proof can I show since I never renewed a lease with him for that time?
I would think that the burden of proof would be on the landlord to say I was a tenant there.
Since this has met a stonewall, I was referred to Navy Legal but the problem is, Navy Legal won't discuss this with me over the phone. A little hard to take off work to get up to Va Beach.
Also, in the letter from Navy Housing that they sent to Navy Legal, they mentioned that the landlord failed to return my $1600 deposit nor did he notify me within the (45 day) time frame. He had my forwarding address at the time of my termination.
I feel that this is a case of slander, libel and or defamation of character. Their complete unwillingness to assist me in this shows what I am dealing with.
I know I can take him to small claims court but without that newer lease, I still am left with no proof other than my Navy papers. This guy will use a lawyer against me.
As this first begun, I just wanted them to pull the darn lease, suck up their mistake and remove me from my obligation. Now, I am furious over their lack of regard for their negligence in this matter and want to pursue this to the fullest.
Any words of advice would be greatly appreciated.
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