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EVICTIONS & PUBLIC RECORDS

Do you have an Eviction on your Public Record?
Often times an eviction lawsuit may become inevitable for a variety of reasons, but it is important that a tenant take it seriously since it can affect their ability to rent in the future. If a tenant is facing an eviction lawsuit, it is important not to panic as there are ways for them to handle the eviction even after the lawsuit has concluded. In this blog post, we will discuss how to determine whether an eviction has become public record, handling an eviction lawsuit that has already been filed, and dealing with an eviction that has affected a tenant’s ability to rent.

Determining if an Eviction has Become Public Record
The first step to dealing with an eviction that has become public record is to determine whether or not it even is a public record in the first place. Public records are documents or pieces of information that are not considered confidential and generally pertain to government related activities. Marriage licenses, property records, and traffic tickets are all examples of public records. In this situation, evictions may or may not be public record based on the factual circumstances of tenant’s respective matter. For instance, some landlords may try to deal with evictions privately to avoid going to court (usually because of cost) or in other situations, the eviction process has not yet reached the stage where it has become a public record.

Our experienced real estate attorneys have dealt with hundreds of eviction lawsuits and are knowledgeable on the eviction process; they know exactly where to look in the county records to determine if a tenant’s matter is part of the public record. Tenants may sometimes be surprised to find out that their eviction is not on their public record.

Dealing with a Pending Eviction
After one of our real estate attorneys has determined whether a tenant’s matter has reached public records (and it has), the next step is to determine if the eviction matter has been finalized in the court system. If an eviction matter has not been finalized, this means the lawsuit is still pending. Dealing with an eviction in a pending lawsuit gives our real estate attorneys the opportunity to either negotiate with a landlord to settle the lawsuit and file the necessary motion to remove the matter from public record. In our most recent blog post, tenants and landlords can read about the steps in an eviction lawsuit and the length of each respective stage.

However, if the eviction matter has been finalized, it is much more difficult to remove from public record. In order to remove an eviction that has been finalized from public record, one of our real estate attorneys would have to analyze a tenant’s specific case to determine how the eviction lawsuit concluded in order to advise on the possibility of reopening the matter. The process of investigation and litigation after reopening an eviction matter is both expensive and time consuming.

Renting After an Eviction
As we mentioned above, removing a finalized eviction from public record may not always be a practical option due to the time and money involved. Nonetheless, there are still options if an  eviction that is listed on the public records is affecting a tenant’s ability to find other rental properties. Listed below are some strategies that may help a prospective tenant secure a new leasing agreement.
  1. Provide more money up front. Landlords are generally concerned with two things: a tenant’s respect for their property and their ability to pay. If a previous eviction was due to an inability pay, providing more money up front can sway a hesitant landlord.
  2. Change the search strategy. Some landlords may not conduct background searches on rental applications. A tenant having trouble finding a new rental may have success looking at apartments or houses not governed by an association. Sometimes landlords with just a single or few investment properties will not spend the money to conduct a background check and will judge a tenant upon meeting them.
  3. Have References.  Credibility in any situation goes a long way, even when renting a property. If possible, a prospective tenant should gather a list of references from previous landlords. Previous landlords can testify about a tenant’s ability to pay, cleanliness, and general demeanor. If a previous landlord is unavailable, a prospective tenant can provide other references discussing their character. The more people a tenant has in their corner, the more persuasive the tenant will be.
  4. Be honest. Dealing with a landlord who is aware of a prior eviction can be difficult, but it may help to be forthcoming about the eviction and explain the circumstances that led to the lawsuit.

This is a broad overview of dealing with evictions that may or may not be public records in Florida. As we discussed, circumstances can vary on a number of facts including the stage a tenant is at in the eviction process. At J. Perez Legal P.A., we have over twenty years serving renters in Hollywood, Miami, and all-over South Florida in eviction related matters. Our experienced real estate attorneys fight hard to protect the rights of renters. Please call (954) 450-2585 today to schedule a consultation with experienced real estate attorneys.

J. Perez Legal P.A. handles a variety of cases, so call now if you have any questions related to real estate including mortgage, foreclosure, modification, etc.  
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  • Home
  • Practice Areas
    • Real Estate >
      • REAL ESTATE AGENTS
      • Selling Home without a REAL ESTATE Agent
      • Seller's Legal Representation
      • BUYER'S LEGAL REPRESENTATION
      • CLOSING COSTS
      • CLOSING DOCUMENTS
      • POST-CLOSING MOVE-IN
      • SELLER'S BREACH OF CONTRACT
      • PROPERTY TAXES
      • EARNEST MONEY DEPOSIT
      • REAL ESTATE PROPERTY SURVEY
    • Title Insurance >
      • Real Estate Title
      • TITLE COMMITMENT
      • TITLE INSURANCE COSTS
      • Types of Property Interests
      • Types of Deeds
    • LOAN MODIFICATION >
      • LOAN MODIFICATION ADVANTAGES
      • LOAN MODIFICATION QUALIFICATIONS
      • LOAN APPROVAL DURATION
      • NON-PRIMARY RESIDENCE LOAN MODIFICATION
      • PRINCIPAL BALANCE ADJUSTMENT
    • SHORT SALES >
      • SHORT SALE TAX CONSEQUENCES
      • SHORT SALE DURATION
      • SHORT SALE DEFICIENCY
      • SHORT SALE HARDSHIP
    • FORECLOSURE >
      • FORECLOSURE PROCESS
      • FORECLOSURE OPTIONS
      • FORECLOSURE - THE SUMMONS
      • DEFICIENCY JUDGEMENT
      • POST FORECLOSURE & CREDIT
    • Landlord/Tenant Law >
      • EVICTION PROCESS
      • EVICTIONS GENERALLY
      • Evictions - Public Records
      • 3-Day Notice: Failure to Pay Rent
      • 7-Day Notice: Tenant to Landlord
      • 7-Day Notice: Landlord to Tenant
      • 15-Day Notice: Termination of Verbal Lease
      • 15-Day Notice: Rent Increase
      • Security Deposit
      • Holdover Tenant
      • CDC Evictions Moratorium
      • LANDLORD SELF-HELP
      • LANDLORD LEASE TERMINATION
    • Small Business Law
  • Meet the Team
    • Juan J. Perez - Founding Partner
    • Juan Blandino - Associate Attorney
    • Yanet Macias - Senior Real Estate Paralegal
    • Berenice Leyva - Legal Assistant
  • Contact Us
  • Online Payment
  • Title Calculator