Legal Question in Landlord & Tenant Law in California
I was told four years ago that because an eviction case was dropped and settled through myself and the realtor outside of court that no negative marks would appear on my record and would not hinder the ability for me to be able to rent an apartment in the future. Now I've applied for an apartment and was told no because there is an eviction on my record. What can I possibly do to clear this?
2 Answers from Attorneys
Have an attorney review the written agreement to see exactly what was promised regarding dismissing the case. If the landlord breached the agreement and it's just under four years, you might be able to take legal action for breach of agreement and other reasons. Simpler, though, might be to have a stipulation to mask the record and have the negative removed from your credit report.
Regarding potential rentals, at this time you might suggest when it comes up again that you would put down an extra month's deposit just to make the landlord feel more comfortable.
Just because there is a settlement agreement does not mean that the court followed the settlement agreement. Depending on the settlement agreement, you may be able to enforce the settlement agreement by way of motion.
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