Legal Question in Business Law in Missouri

Incorrectly reported credit results in homelessness

In the year 2000 I was living in an apartment and lost my job. I got behind on my rent and found myself with the beginning of an eviction. To keep this from happening, I went to court and paid the amount due as well as court and attorney fees and brought my balance with the apartment complex to a current standing. Shortly thereafter, my lease expired and I moved out. I was extended an invitation for a new lease and refunded my entire security deposit. After 3 1/2 years I decided to move from the apartment I was curretly in to a nicer apartment. I gave my landlord 30 days notice when I found a complex that I liked. When I received a call back from the apartment community I was told that there was nothing they could do to help me do to ''something'' that was on my credit report. On my credit report I found that the apartment complex that had brought me to court for being behind on rent did not correct my credit record. Now I am being told that I don't have a place to live due to the mistake of their lawyers. I put everything I own in storage while I have been getting my credit corrected so I can find a place to live. Can they be held financially responsible for my situation? (can I be reimbursed for storage, app. fees, etc.)


Asked on 7/25/04, 8:32 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Incorrectly reported credit results in homelessness

It is not unlawful to report that you were sued. If an eviction proceeding was brought, the matter is a matter of public record. There is nothing your old landlord can do to "correct" that since the lawsuit was filed. It may be dismissed after you brought your rent up to date, but it is still a matter of public record. Thus there is no basis to pursue your former landlord since most likely it is not the former landlord who is reporting the information.

You do have a right to file an explanatory note with the credit reporting agencies. If you have web access, go to GOOGLE and run "fair credit reporting act" -- you'll get lots of websites that tell you how to go about filing an explanatory note with the credit reporting agencies.

As a general rule negative information drops off your report after 10 years.

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Answered on 7/26/04, 11:15 am


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