Legal Question in Landlord & Tenant Law in California

eviction

If my boyfriend served me notice of eviction from his house and the marshals show up to throw me out after the notice time expired but my boyfriend told them not to while they were there, will I have this on record somewhere? Will it be hard to find a place to rent after this?


Asked on 3/06/09, 9:04 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: eviction

It depends a lot on what actually happened. When you say notice of eviction, do you actually mean a lawsuit? The marshall will generally not remove someone from possession of a property without a lawsuit in Unlawful Detainer having first been filed, then a judgment entered against you, and a Writ of Possession being issued by the Court. It seems like there may be a lot of details missing from your post. First, check the County Courthouse where the case was filed. If a judgment was entered against you (as I suspect) then yes, it will be harder to find a place to rent in the future. Not impossible, just harder. There will be two records of this. First, in the Civil Case Docket (at the Courthouse, and in many counties available online), anyone with access will see that you had an eviction lawsuit filed and prosectued against you. Second, the credit reporting agencies will pick up that lawsuit and put it on your credit report. Most rental companies use a credit service that includes a thorough search of court records for evictions, so depending upon the rental companies policies, you may have a hard time renting. On the other hand, most private landlords (ones no using management - craigslist is one place to find private landlords) will at least listen to an explanation of what happened, and will be more likely to help you out.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/09/09, 12:04 pm


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