Legal Question in Landlord & Tenant Law in Michigan
Bad landlord follow through
My friend and I were taken to court for unpaid rent by our landlord. This was settled by being paid. Three years later I've tried to get an apt. and they said this was still on my credit. The court stated that it is still ''open'' even though we paid what she sued us for. Now I've contacted her because I am trying to get a new apt. and can't due to her not closing this case. She is trying to tell me that we still owe for damages even though this was not included in the original case - we paid what she asked. Is this something I can in turn take her to court for due to the fact that it has gone against my credit even though the moneys she requested was paid??
1 Answer from Attorneys
Re: Bad landlord follow through
Yes. She cannot sue you for damages and the courts would not allow her to because that should have been resolved in her initial case for damages. You can sue her if she is in violation of the Fair Credit Reporting Act. To lay a foundation, contact the consumer reporting agency (the one who prepared your credit report) and tell them that you dispute the debt. Put the dispute in writing. You can also ask them to add this statement of dispute to your credit report as a statement until you can get the creditor to agree to report the accurate information to the reporting agency. If the landlord does not agree to fix the credit report, then you can take her to court.
It could be very helpful for her to receive a letter from an attorney stating your position and her errors. If you would like my assistance in doing this, please do not hesitate. The cost would be minimal to you.