weird question

[Kizzel00]

It may not pertain to this forum, but I hope someone may have insight. I'm trying to fix my credit, but I'm worried about something, about a year and a half ago, I broke a lease to my apartment due to living conditions (bugs, constant police activity in complex, leaking ceiling) so I quit paying to save and leave, I was served with an eviction and left. Now here we are two years later, and I decided to do a public records check, and the eviction filing shows. What's weird, and I thought would happen, is that they never filed a lawsuit seeking past due rent/ remainder of rental agreement. There's nothing on my credit report either. I've had the same phone number, and in all this time they never even attempted to call me about it. Is it weird or unusual that they didn't sue me or even attempt to call me? Do you think they are up to something or what do you think their reasoning for not suing me is? I'm trying to rebuild my credit, and I'm just afraid that they will sue me eventually, so that's why I posted this here. Any inpit is appreciated. Thanks.

[Anonymous]

They could have filed and just not followed through.

Were you actually served by a sheriff?

[Kizzel00]

No I left a day after the notice was placed on the door. Either way, its still weird they havent come after me for the past due rent. I could call and say "hey, so about that rent" but its been awhile and I honestly couldn't pay it right now regardless.

[Anonymous]

It could also lead them to pursue it further and you would end up with a judgment.

Not sure how long after they filed the eviction they have to move forward with it.  But, I wouldn't take any chances.

[RobertEG]

My supposition is that they charged-off the debt, and thus have already recouped a portion of the loss via a tax writeoff.

That would not preclude additional legal action, as a CO does not negate continued obligation for the full debt, but it would recover a portion of the bad debt without having any additioonal hassle.  Quick and easy business decision.

The eviction was most likely picked up by the CRA via their own public records search, and may not have been reported by the landlord.

They may not  even have a credit reporting agreement witth the CRAs, explaining why no credit reporting.  Are they a large management company?

[Kizzel00]

I've never seen anything regarding the eviction in my credit. They may have done the tax thing, and they are not a big management company. I just find it weird that they haven't done anything in court about the past due rent. Just would have thought they would have sued by now. Guess i shouldn't question it to much haha

[LIGHTNIN]

We love weird questions.lol

There is a certain amout of time they have to collect on this debt. I don't know what state you are in, but the SOL (statute of limitation) on a lease is about 5 or 6yrs in most states. I believe the clock would start, the day you stopped paying rent.

Did anyone else sign the lease or it was in your name only?

[ezdriver]

I manage a few properties for my best friend. Have had attorneys file eviction papers many times. Tenant usually paid at the 11th hour. To get something in your credit report, the landlord would have had to obtain a judgement from the court [highly unlikely since you left right away] is they claimed back rent. If a judgement for back rent was ordered by the court, that would have automatically been reported to the credit bureaus by the court.

They may have simply sued for eviction alone and no back rent as I have done several times. It may also be that the landlord did not have an account with a CRA to facilitate reporting to your credit report.

I'd say that you have nothing to worrry about. That landlord was happy to get rid of you ... even if he was not ready/willing to get rid of the roaches. lol