Legal Question in Landlord & Tenant Law in California

eviction innocent adult child

My family was evicted 8 years ago. My father, brother (who was under 18) and I were on the lease. We vacated prior to the court order. I listed it on a chap 7 filed prior to the court date and was informed by the company they would not pursue me for any liability. I am now being denied rental of an apartment due to this outstanding amount my father has yet to pay. I do not see the liability on any of my credit reports, and the company states they have not reported it. What can I provide the rental company to prove I do not owe this money?


Asked on 3/22/09, 7:29 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: eviction innocent adult child

I don't think this is about the money, but more likely about the eviction judgment. No doubt you can show your prospective landlord a copy of your bankruptcy discharge and tell them the debt was included, but then the question becomes will they rent to you with knowledge that you have filed bankruptcy? Second, the reports most landlords use comes from a company that combines your credit report with filed eviction cases and some other public record information. They score you based on the combined information. Regardless of whether you owe money or not, you were evicted which in some landlord's minds is the kiss of death. It is permissible for a landlord to deny you as a tenant based upon a prior eviction. You can try the Discharge from the bankruptcy court, but if they don't buy that, you may need to look elsewhere.

*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 3/23/09, 2:11 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: eviction innocent adult child

You are likely missing the issue. From your post, you defaulted on a lease, and filed for BR instead of paying the debt. The current apartment complex -- for very obvious reasons -- finds that to be a reason to not lease to you now. No one is trying to collect the discharged debt from you, or claim you still owe it (again, from your facts) -- that does not mean the new apartment management wants to be the next creditor to risk losing money on you if you do the same to them.

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Answered on 3/22/09, 7:52 pm


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