How Long Do Evictions Stay on Your Record?

If you’ve been evicted from your home for whatever reason, and feel the need to learn about how long evictions stay on your record, then read this detailed overview that explains everything.

This includes why seeking legal assistance can be beneficial when it comes to these matters. Read further.

Introduction

When you move into a new home or apartment and sign your lease agreement, you never intend to get evicted. This is a time of optimism and hope. You see your life-changing in your mind. The things that will happen with your family, how you will grow, how your family will evolve – all while living here. This is going to be your home for at least the next year. Nobody goes into this arrangement with a bleak outlook.

Unfortunately, though, life happens – and it does not matter how much you have prepared yourself for this move, how hard you have worked at your job to make sure you could afford it, and even put aside little savings just in case. Sometimes things we face seemingly come out of nowhere, like health concerns, loss of job, or even COVID-19’s global pandemic. These are just a few of the examples of how quickly life can change.

If you do find yourself facing a life struggle, you may find yourself also facing eviction. How long will the repercussions of this action stay on your record?

What Leads to Eviction?

Many people believe that evictions come from not paying your rent. And while this is a common reason for an eviction, it is not the only reason. In California, you can get evicted for:

• Violating the terms of the lease or rental agreement. Each term listed in the lease was reviewed and signed by you before moving into the property. This gives you a list of your responsibilities you must maintain. Not doing so can lead to eviction.
• Not paying rent. Technically, once your rent is past due, your landlord can demand the rent be paid or the eviction process can be started.
• Foreclosure of rental property. If a property is being foreclosed upon, the tenants are no longer legally allowed to reside there. Proper notice should be given by the landlord and, eventually, an eviction may take place.
• Engaging in illegal activity. Illegal activity is not allowed at the residence and, if discovered by the landlord, could lead to eviction.

Keep in mind that California law requires that notice be given before eviction proceedings take place. This allows the tenant to clear up any issues to avoid legal issues.

California Eviction Process: A Timeline Overview

There are a few steps that a landlord must take to make it successfully through the eviction process. While the reason behind an eviction may vary, the process itself is – for the most part – the same. And the entire eviction process can take weeks (or months).

1. A notice of eviction is posted at the residence. Based on the reason for the eviction, this notice is to give the tenant anywhere from 3 to 90 days to cure the delinquency or leave the property.
2. A petition is filed with the court and served to the tenant. This petition states the reason for the eviction and marks the beginning of the legal eviction process. The summons must be served to the tenant within 60 days of filing.
3. The defendant may file an answer. Depending on service, the defendant has 5 to 15 days to file an answer with the court stating his or her side of the situation.
4. A court hearing will be held, and a judge will enter a ruling. This hearing normally takes place within 20 days of the filing.
5. If the judge rules in the landlords’ favor, a writ of execution is issued, and once served, tenants have 5 days to vacate the property.

Keep in mind that this is an overview. There are legal actions that tenants can take and other hiccups that could arise and change this timeline.

How Long Do Evictions Stay On Your Record?

In general, evictions will stay on your record for 7 years. They could appear on your credit report, in your rental history, or simply with a search of public records. When moving into a new rental unit, having a record of a prior eviction could cause you to struggle in finding a place to live.

Evictions on your record can lead to a lot of emotional and financial distress.

What You Can Do

If you find yourself dealing with an eviction or if you have a prior eviction on record, there may, surprisingly, be steps you can take. Sure, you could always pride yourself on a stellar credit score, offer a huge deposit, pay months in advance, or even look for properties that don’t dig too deep into your past. However, pulling background records is normal practice in tenant screening – and that means your eviction will show up.

If you want to remove the eviction from your record, talk to a lawyer about your options. He or she may be able to help you with vacating the judgment and sealing your records – giving you a fresh start.

The judgment is what shows up in public records and tenant screenings. Getting this judgment vacating is equivalent to wiping it out. But there is a process – it is not going to just disappear. And there are fees you are responsible for – that you must clear up before a judgment can be vacated. An attorney will help you negotiate an agreement with the landlord to help you do just that. Whether the judgment is for non-payment or something else, getting the parties to agree to an amount will allow for a stipulation to be drawn up.

A stipulation is drafted by your lawyer and states the details of the agreements. All parties must sign agreeing to its terms. In front of the judge, a hearing will be held, and the stipulation reviewed. Once approved, an order will be signed, and the judgment will be vacated.

Conclusion

Evictions can be stressful in the moment – and for the following 7 years. Hard times and struggles can happen to anyone. If for one reason or another, you have an eviction on your record, there is hope. Contact an attorney to unmask your options so you can move into a new rental with ease.