Legal Question in Real Estate Law in California

Re: Left a rental

Simply by leaving a message with the landlord (well after you moved out), you did not relieve yourself of your obligations as a tenant. Moving out did not relieve you from your obligations as a tenant either. What you should have done at the time was to contact the landlord, advise them in writing (30 days notice) that you were leaving, and obtain their written release of you from the tenancy (the lease was expired at that point, and so you were only month-to-month tenants). Failing to do so arguably makes you as liable as your wife for the default on the rent, and the eventual eviction. Once you moved out, it is similar to a cosigner or guarantor. What can you do now? Depends upon when the eviction was filed and judgment entered. There may be a small window of time in which you can go to court and move to set aside the judgment, but even if you do so, you will still have to defend a retrial of the Unlawful Detainer (obviously not as to the issue of possession, but if there is a money judgment, then as to that issue alone). Its a costly and time consuming process, and you will have to hire an attorney to do it. You need to consult with a trail attorney in your area very quickly if you want to try to set this aside. Unfortunately, as it is now public record, even paying the landlord what is owed (if anything) isn't going to get it off your record - only setting it aside and a lot of complex legal maneuvering is going to clear this. You may also dispute the item with the credit reporting agencies, but again because its public record, its going to be very easy for them to verify that there is an unlawful detainer judgment against you - that's all they have to show for the item to stay on your credit report. Finally, you can place a note in your credit file explaining it, but it won't help with your credit score. As to the issue of being served, the landlord probably served you by virtue of "substituted service" by leaving a copy with your wife. She never notified you, and so you never had notice (believe it or not you can be "legally served process" without having actual knowledge that you were served). You probably have a legitimate complaint about service as the landlord arguably knew you no longer lived there, and as such, substituted service may have been improper. Problem is you have to go set aside the judgment and reopen the case to clear all this up.

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