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Eviction

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ltheobald

Junior Member
Nevada, Clark County

I shared a lease with a previous boyfriend. The situation became a domestic dispute and I had no options but to leave from the apt. I moved back to California where I had moved from a few months prior. I tried every avenue with my landlady to either remove myself from the lease (which she said i couldn't do without the other leasee agreeing/signing...which he wouldn't), or whatever needed to be done. I was unable to get off the lease, although i did quit my job with less than two weeks notice and moved out of state. I let my landlady know the situation (the police had already been called once) and told her that any problems arise, i.e. failure of rent being paid, to please contact me at once, and gave her my number that i always have with me. I gave her my number more than once, as it is also on my lease application. I never rec'd a call when rent was unpaid for the month, nor when the eviction notice was served, nor when the unit was locked. now, there is a summary evicition judgment against me, when technically, considering the circumstances, i was never notified. i want to know if i have any means to stand on in terms of appealing or going to court to get my name taken off of the eviction? i have full intention (with some cooperation from the landlady) to pay the rent owed/cancellation fees, whatever is necessary...but i don't want this to affect my credit. Please help...as i'm sure i'm running out of time to do anything, not to mention i live in los angeles. Thank you in advance and god bless.
 


JETX

Senior Member
ltheobald said:
NI never rec'd a call when rent was unpaid for the month, nor when the eviction notice was served, nor when the unit was locked.
There is no obligation for the landlord to do anything more than required by law.

now, there is a summary evicition judgment against me, when technically, considering the circumstances, i was never notified.
"Technically, considering the circumstances", what does that mean?? Were you notified or not??
And again, the required notice for a breach of lease is specific. There is no requirement for personal service.... especially considering you weren't even in the state. Did the landlord have your current address?

i want to know if i have any means to stand on in terms of appealing or going to court to get my name taken off of the eviction?
Probably not. You can certainly contact the court to make sure that all the statutory obligations of notice were met... but if they were (and I would be surprised if not) it is likely the ruling will stand.

i have full intention (with some cooperation from the landlady) to pay the rent owed/cancellation fees, whatever is necessary...but i don't want this to affect my credit.
Simple solution. Contact the landlord and see if you can negotiate a settlement before they report it.
 

ltheobald

Junior Member
JETX said:
Simple solution. Contact the landlord and see if you can negotiate a settlement before they report it.
what do you mean by "before they report it"? if the judgment was entered, isn't that it? Credit agencies now see that as a mark on my credit, do they not?

from all of the advice you have given, i see no real reason to make a payment of any kind. as it stands, legally, i've already been evicted. creditwise, not a whole lot gets worse than that.

am i wrong?
 

JETX

Senior Member
ltheobald said:
what do you mean by "before they report it"? if the judgment was entered, isn't that it? Credit agencies now see that as a mark on my credit, do they not?
Only a very few states or counties forward judgments to CRA's (Credit Reporting Agencies) by default and they have to be reported by the judgment creditor (and that requires that the creditor be a suscriber to the CRA). Contact your court and ask.
 

ltheobald

Junior Member
JETX said:
Only a very few states or counties forward judgments to CRA's (Credit Reporting Agencies) by default and they have to be reported by the judgment creditor (and that requires that the creditor be a suscriber to the CRA). Contact your court and ask.
well that's helpful. is there a process to go through to ask the judge to consider extenuating circumstances and reverse an already entered judgment? (i didn't ask that yet, did i?) Something like an appeal to the judgment? If so, any idea on what the motion/pleading may be called? I work for a law office (insurance, unfortunately) so I know how to put them together, just not sure what it would be called in this case...
 

JETX

Senior Member
ltheobald said:
is there a process to go through to ask the judge to consider extenuating circumstances and reverse an already entered judgment?
No. But you can file a "Motion to Dismiss" the judgment stating your LEGAL basis for the request. If the court finds your motion has merit, it can set a hearing for both parties to argue their reasons for and against.
 

ltheobald

Junior Member
JETX said:
No. But you can file a "Motion to Dismiss" the judgment stating your LEGAL basis for the request. If the court finds your motion has merit, it can set a hearing for both parties to argue their reasons for and against.
and i'm assuming since you capitalize "legal" that there are few, if any, actual legal reasons that the court would consider "merit" worthy?

how long/soon do i have to file a motion to dismiss?
 

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