Legal Question in Landlord & Tenant Law in California
How do I move out without affecting my credit. I just rec'd a letter stating an unlawful detainer was filed against me. It says I will receive papers in a few days. It says that if I don't respond and move out it may hurt my credit. It says in some case you can respond without hurting your credit. How do I move out without this affecting my credit. I'm about 2 days away from being totally out. I've been moving stuff out everyday. What if I'm out and never get served?
2 Answers from Attorneys
I suggest you finish moving out, but keep an eye out for service of the summons and unlawful detainer complaint. You have five (5) days to respond once you have been served. If you are moved out by then, you can point out in your answer that possession of the premises is no longer an issue and the court can convert the case to a regular civil case over any dispute in the amount of rent owed.
You might -- at some risk -- call the lawyer for the landlord and say you'll move out by xx date. Can we sign an agreement that says the landlord will dismiss the case if I move, and the unlawful detainer file will be permanently masked so that it won't be available for anyone else to see? The landlord might require you to pay some of the back rent, but not all of them will do that, as they might be grateful to avoid the hassle of having to go to court.