Landlord Articles
  

Unlawful Detainers

The term "Unlawful Detainer" or "UD" is the legal definition of eviction records in the State of Washington. The legal name will vary from state to state. For example, in Oregon they are called Forced Entry Detainer or FED. By any name they are important information to Owners and Managers considering a tenant application because there are approximately 450 to 900 UD's every week in Washington.

If we have found a possible UD on your applicant we will add the following paragraph to the report:
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We have found a Possible Unlawful Detainer (EVICTION) filing from Public Records. Please be advised that these records are filed by name only, not by SSN or DOB; therefore, exact identification of this individual may be difficult to verify. THIS FILING MAY NOT BE YOUR APPLICANT/CO-APPLICANT. However, you MUST confirm that this Unlawful Detainer was filed on your applicant/co-applicant before you deny them based on this information. Rental Research, Inc makes no guarantee as to the accuracy, completeness, timeliness or correct identification of the individuals from these records. Also, the Public Record information will not show the disposition of this filing and/or subsequent court action.

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If you get this message do not automatically assume your applicant has had an eviction! Before making a decision you must find a way to confirm identity. Because Ud's are based on name only (we've tried to get the county court clerks to add birthdays and SSN but they will not) it can be difficult. Here are some things you can do:

1. You can attempt to locate the plaintiff who filed the Unlawful Detainer and find out if there are any records available which indicate social security number, date of birth, driver’s license number, address where action took place or physical description of person Unlawful Detainer was filed on. Any of these items could potentially help you determine whether this action was filed on your applicant or co-applicant.

2. You can try contacting the landlord where applicant/co-applicant states residency at time Unlawful Detainer was filed and try to confirm dates of residency. If your applicant/co-applicant was renting from another person or company when this action was filed, then the Unlawful Detainer was filed on a person other than your applicant/co-applicant who shares the same name.

3. Case files are a matter of public record and can be viewed at the county courthouse in the county where Unlawful Detainer was filed. Additional information may be found in the case file which could help you determine if this action was filed on your applicant/co-applicant.

Call us if you have questions.

800-654-4936