• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Will my eviction ever go away?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

posingquestion

Junior Member
My state is California.

I have an eviction from late 2004 (4 years ago in December). I was young(er) and stupid(er) then - 19 at the time - and took on a lease that I couldn't afford on my meager income. My December rent was late, and when I tried to pay it at the end of December (along with the January rent), they told me that they had already begun eviction proceedings and that they couldn't stop it because of the attorney costs that they had already paid and wouldn't be able to get back.

I never went to court because I was embarrassed and felt so stupid, so a default ruling was ordered in the apartment complex's favor, and now there is an eviction on my record.

I've been living the past 4 years with my boyfriend WITHOUT being on the lease and I'm so tired of it. We're looking to move right now and I'm wondering if this record EVER goes away? I'm sure it's still there now, but is there a time that it is removed after a certain number of years?

Surely I can't be punished forever?
 


CourtClerk

Senior Member
Judgments stay on your credit report 10 years. How long they stay on those landlord/tenant databases that smart landlords use, I don't know. Maybe CA_LL will come along or one of the other landlords and tell you.
 

seniorjudge

Senior Member
Go to the courthouse and get a copy of the judgment.

See if it is for possession only. If so, that may cause you some problems but maybe not big ones.

If the judgment is for money, then pay it as soon as possible. That's even worse.
 

Cvillecpm

Senior Member
Run your credit report to see if the judgement is even there...if it is, find out how much you owe AND PAY IT and get a "satisfaction" signed by mgmt/LL and then you RECORD THE SATISFACTION!
 

posingquestion

Junior Member
I know for sure that the eviction is on there because about 2 years after it happened my boyfriend and I were moving and put me on the application - they called a day or two later and asked me if I knew that I had an eviction, and I said no (because I wasn't sure if it was there or not). They said that I did, and that they recommend that where ever we go next to try and apply to just leave me off of the lease. so that's what we've always done!

No money is owed - I paid them in full the 2 months owed ($2100) and they kept my $600 deposit too. They never sent me a bill or anything for any other money owed, although I don't know that they would.

But if I was evicted would I still owe the remainder of the lease like if you break the lease yourself? I have run my credit report many times since then and nothing shows up from the complex.

I just want to put the whole thing behind me!
 

CA LL

Senior Member
The court action for possession will remain as long as the court retains the records in their system..likely at least 5-10 years or more.

I won't rent to a tenant with one, even if they paid off the money judgment eventually.

Sorry.

I am always amazed at how "lightly" some tenants take eviction, even saying stuff like, fine let them evict me (instead of borrowing money from relatives or WHATEVER IT TAKES to make sure rent is paid) then wonder why it haunts them for a very long time.

I was a tenant on the day I turned 18 and I never paid my rent later than about THREE DAYS BEFORE the due date. So age really isn't an excuse.

You're "lucky" if you're even allowed to reside with your b/f with that record "officially" even as occupant. Guess you'll have to find another place that either doesn't screen well.
 

posingquestion

Junior Member
I did borrow the money from relatives in order to pay it, but again, I was embarrassed and felt stupid so it took me awhile to suck up my pride and ask for help. And by then, it was too late as I quickly found out. When I finally asked my dad for help he was pissed too that I didn't ask sooner.

I agree that age isn't really an issue but it was my first apartment and I was immature and stupid. Luckily many others like yourself aren't the same way :) I never should have signed a $1050/mo lease in the first place and if I hadn't it wouldn't have happened. I knew I couldn't afford it but I figured I would "figure out a way" as I went along, and that was dumb (clearly!). Although it did work for the 6 months before I was evicted! :)

I do not take eviction lightly but I wasn't so educated on it at that time. I've realized since then how bad and frustrating it really is. Same as with my freaking credit! And now I'm on the long hard road to recovery so hopefully once I've repaired everything I won't be so dumb after all I've been through :p

The apartments that we've lived in don't technically "know" that I reside there. I am not mentioned and I am not put on the lease anywhere, as an occupant or otherwise. It's the only thing that I can do and hey, I gotta live somewhere! :) I'm always so worried that the apartment managers are going to start asking questions, which is why I'm asking this question - to see how much longer I have to wait - how much longer it will haunt me.

Is there somewhere that I can find out how long a particular court keeps the records? I'm in Sacramento County if it helps.

Thanks for the help everyone.
 

MIRAKALES

Senior Member
The best and most accurate information is provided directly from the source. Contact the housing court in which the eviction was registered and ask the clerks what can be done (if anything) or when (if ever) the judgment for eviction will be deleted. Another recourse is to contact the management company that ordered the eviction and request a letter stating that the eviction was paid in full within a few months. Since the judgment has been paid it should appear on the credit report as a “satisfied judgment,” which may be a negotiating tool with the next LL (combined with maximum security deposit).
 

ecmst12

Senior Member
The further in the past it is, the more likely that a LL would be willing to rent to you IF you can provide good references and show a good credit history since then. In 6 years you may already be a homeowner so it may not even matter anymore. But yes SOME landlords won't even consider someone with a past eviction, but others will.
 

johnd

Member
I don't know about CA, but in WI an eviction is docketed for 20 years (two 10 year dockets for the money judgment aspect of the claim)!

So even though the credit agency may erase it from their records after 6 or 7 years, the second docket puts it back on for an additonal 10 years on the state level, and an additional 6-7 years with the credit agencies...unless of course the perp satisfies the judgment.
 

CA LL

Senior Member
You do realize you risk getting your BOYFRIEND an eviction on HIS record by having an UNAUTHORIZED occupant right? Two wrongs don't make a right!
 

CourtClerk

Senior Member
The best and most accurate information is provided directly from the source. Contact the housing court in which the eviction was registered and ask the clerks what can be done (if anything) or when (if ever) the judgment for eviction will be deleted.
I wonder if you know that (1) CA doesn't have housing court as other states have. (2) CA courts have nothing to do with reporting or deleting records on your credit report. All of the credit reporting agencies have access to civil judgments, come into the courts at their discretion and do their own reporting. Court staff and the courts themselves have absolutely nothing to do with that process short of providing the files for them to look through. This is yet another shining example of you giving advice when you are not totally sure of what you are speaking of, or speaking in generics, where your information is incorrect.
 

MIRAKALES

Senior Member
I wonder if you know that (1) CA doesn't have housing court as other states have. (2) CA courts have nothing to do with reporting or deleting records on your credit report. All of the credit reporting agencies have access to civil judgments, come into the courts at their discretion and do their own reporting. Court staff and the courts themselves have absolutely nothing to do with that process short of providing the files for them to look through. This is yet another shining example of you giving advice when you are not totally sure of what you are speaking of, or speaking in generics, where your information is incorrect.
Whether California (CA) has a housing court or not, they do have a court where the judgment for eviction was obtained and recorded.
Does the name of the court even matter? (rhetorical) That local court would be familiar with the process and be able to advise the debtor of the court's involvement and limitations. The point being made is that "The best and most accurate information is provided directly from the source."
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top