I just found out through trying to get a new apartment that I have an eviction on my record I thought had been removed. I lost the eviction in default and filed a suit against the former landlord for illegal lockout and other causes of actions. The outcome of the case was the default judgements were vacated and he paid me some money for my troubles.
Now I am having trouble getting an apartment even though I was told it was vacated and it shows so on the courts website. How can I get it removed from my record?
Real Estate Attorney
Your situation is really lousy, but any eviction proceeding looks bad. The companies that put these records together presume that landlords do not want to rent to tenants who have made trouble for previous landlords, even if (or maybe especially if) the tenants have been vindicated.
For this reason, the law requires that all unlawful detainers be closed to the public for 60 days. They remain closed unless within that time they end in a judgment for the landlord.
Unlawful detainer records don't get removed. They are "masked" for the first 60 days after the complaint is filed. However, if you lost the unlawful detainer, it remains a matter of public record.
The best you can do is to convince future landlords that you can be a good tenant, and perhaps offer the maximum security deposit (twice the monthly rent) to assure the landlord that you will be prompt in payment.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.