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Ca Tenant-Offered to pay past due rent but Landlord won't accept it-What can I do?

Asked over 2 years ago - Los Angeles, CA

Hi We feel behind on our rent and were served with an eviction notice. We have offered to pay the past due rent and the attorneys fees but were told no-that the complex just wants us to move. We now have a court date. If we move out before the court date and give the keys back to the complex will an eviction appear on our creit report? What can we do to prevent this?

Additional information
I forgot to mention that we became sick with hives(we have pictures) due to neglence on the lanlords side with renevations to an upstairs apartment-we have third party witnesses and small children. At this point since the landlord has refused to clean our air ducts ect it is probably best to move but again we have a court date next week and rent money in hand.

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Attorney answers (1)

Frances Miller Campbell

Reputation Level 15

Answered over 2 years ago. Landlord / Tenant Lawyer in Van Nuys, CA.

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Dear tenant,

You really should hire an attorney to represent you at the trial. Just having an attorney will give the other side a reason to settle with you--maybe the attorney can find a defense to the case, and you will not have to move at all.

On the other hand, if you move out before the court date, the case becomes a "regular civil action." When that happens, a lot of landlords just dismiss the case. However, not all do. If the case is dismissed, and it has been fewer than 60 days since the case has been filed, the case will remain confidential and it will not appear on any court docket or on your credit report.

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