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Okay, so bare with me please. I was young and decided to move in with my then boyfriend of 3 years. Little did I know, that after moving in, I would face abuse I had never imagined from someone. Physically and mentally. My mom helped me get my stuff and leave quickly in one day because of how fearful I was. I called and he explained several times that he took me off the lease. I was sure I had to sign something, but he kept insisting to my family and everyone that I was off the lease . I called to speak with the landlord who confirmed I wasn’t on the lease and that was that.
I start to move on with life. Until two months later my ex sends me a photo of an eviction notice with both of our names and I was appalled. I thought I was taken off. I’m only 23 and finally have an amazing job and I have enough to move out, but I see that eviction is on my public record and I’m miserable. Is there anything I can do to fight this? His income qualified us for the apartment so it’s not like I needed to be on there for him to stay. I’m just at a loss of what to do about this. Do I have to deal with this for 7 years for something that’s not my fault or do I fight it on the grounds of my abuse and being told I was removed from the lease by two parties.
Side note: I know you may wonder why I didn’t go down there, but I was honestly terrified of running into him again. I’m in San Diego, CA. If it helps.
I'm not familiar with the specifics on any laws that might protect you due to the abuse. NoMoreSnowForMe gave you good advice there. I'm going to answer the question for the rest of the situation. Note that state laws vary, so this is just my opinion, and shouldn't be given any more weight than that. I recommend you talk to a rental lawyer familiar with the laws in the state where the rental is (you said you are in CA, but not if the rental is there, and California does have more laws that protect renters than other states).
That being said, here is my opinion, which you may not like because I'm not going to sugarcoat it, but instead speak the harsh reality, which is that you have a problem.
Do you have anything in writing at all that says you were removed? Even an email or a text from the landlord? Or was it all just verbal? It sounds like it was all just phone calls, and unfortunately, that means there is no evidence at all. Did you give the landlord anything in writing stating that you weren't living there anymore, perhaps with your forwarding address enclosed? Basically, do you have anything, at all, anywhere, that backs up your story? Even if it is just phone records showing you called the landlord and talked for 16 minutes 3 days after moving out, that would be SOMETHING. Find anything you can and print out a physical copy. Start a file and put it in there. Also, write up a timeline, with as close as possible for any dates and conversations that took place. If your family spoke to the landlord, get timelines and what they remember as well. Include when you got the text from the ex in the timeline. If you end up in court, you'll need all that information for the lawyer.
Just because you no longer live at a property does not mean the landlord has to release you from the lease. Is it possible that they just acknowledged you have vacated, and not actually that they were agreeing to release you from your obligations? Many landlords will not sign a release because they aren't willing to release. The fact that you asked about signing something and they said no makes me think that they were refusing to release you. In fact, you technically can't BE removed from a lease without all parties signing off on it. Which means not only you and the landlord, but also the ex. It is a bilateral contract, which means changes can't be made without the agreement of all parties. So the landlord didn't actually have the right to remove you without the ex's approval. So technically, you were still responsible and the landlord is within their rights to name you in any lawsuit associated with the property. What did the landlord say when you asked why you were being evicted from a property you no longer lived at after being told you were off the lease? I assume you've asked them, as I would have placed that call 30 seconds after the ex sent me the notice.
Did the ex send you the eviction notice before or after the court hearing took place? Because if it was before, you probably could have gotten it dealt with by calling the landlord at that time, they could have had you removed from the eviction hearing. Even if you were still on the lease, you don't have to be evicted if you aren't living there anymore and your belongings are all gone. But dealing with after the hearing is much more difficult. It is possible to get it removed, at least in my county, but much more difficult, and it requires not only agreement, but also participation by the landlord, as well as an attorney to file the correct paperwork. Probably would cost a few hundred dollars.
So contact the landlord, see if you can get them to have their attorney remove the eviction from your record since they knew you had vacated. If you gave them your forwarding address in writing at the time you vacated, they hopefully will admit it was their mistake, at least to have not had you served. But if you never gave them anything at all in writing and they didn't have your address, they may not agree it was their mistake. If they won't, then see if they will remove the eviction if you pay the legal fees.
It will be worth it in the long run to deal with this, even if you have to pay for it. Evictions are not 7 years on your record, they are forever. And most landlords will automatically deny for the eviction being on there. Be aware that EVERYONE who has an eviction on their record has a story for why it wasn't their fault. So the fact that your story has some legitimacy won't mean anything to the place you are applying to. They've heard it all before. In 17 years, I think I've seen 2 applications that just owned it and said "I was young and dumb and messed up" or the like. So landlords have to take the court's word for it that the eviction was justified and thus decline for all court granted evictions.
Oh, and also, be aware that the eviction may only be one part of this issue. If the eviction was due to unpaid rent, or if the house was left trashed, you may also find that the landlord names you in a collection lawsuit. At that point, they could garnish your wages to get paid.
Do what NMSFM said and talk to Fair Housing. If they can't help you, talk to an attorney. Don't avoid this problem. You need to deal with it. As I said at the beginning, California has some of the most renter friendly laws in the country, so it is very likely that you can get this removed, but it will take some effort and possibly some money.
First of all, did you ever sign the lease? If you signed the lease, you were on the lease. When you left, he would have had to sign a new lease, without you on it, for you to have been taken off the lease. But if your name was still on the lease, and the LL had to evict him, then you're out of luck, since you were both individually responsible for the entire amount of the rent for the entire lease.
If you didn't sign the lease, and you weren't living there, and you have proof of it, such as credit card or debit card charges in a different city, or any other proof that you were not living there, then you might have some recourse.
What you would have to do, is to go to the court and ask them to reopen the eviction, so that you could be taken off of it. Ask for help from legal aid. Or get an attorney in that area who is good at landlord tenant law. But if you have this re-opened, you are running the risk that your ex would be notified too, and show up at court when you're there.
Is the same complex you posted about three years ago?
Without something in writing, from the landlord releasing you from the lease, the evictions and judgments will stand.
You can call the landlord or contact the court, but without that documentation from the landlord removing you from the lease, the eviction as it's written will stand.
I call the court and let them know that you were never informed that an eviction was in the process and that you had moved out long ago. the problem is if the LL verbally told you it's worth nothing if he denies it now unless he is willing to sign something saying that a mistake was made.
Keep documents of everything that happened, If you have good credit you can present a paper trail to your potential LL showing that the eviction was not your fault and that you were not notified.
Make sure to pay all your bills, get your credit rating as high as you can. I don't know how and eviction affects your credit though. Just do you best and find private LL's to rent to you or have you parent cosign for you. You can sometimes find where they are not so strict and will let you rent as long as you have first month and security. Just avoid the large corporate apartment complexes that are run by management companies. They will just tell you no, and don't care about your story, it's all business and they are doing what they are told.
Do you know how far back he owed rent on the place because you would be responsible for that amount too, but owing money and not having an eviction on your record is better.
Also let the courts and the LL know the only way you even knew about this was because he taunted you by sending you a picture of the eviction and keep it as proof to show. Download the image and save it online and in an email.
Last edited by LifeIsGood01; 03-14-2018 at 07:48 AM..
Okay, so bare with me please. I was young and decided to move in with my then boyfriend of 3 years. Little did I know, that after moving in, I would face abuse I had never imagined from someone. Physically and mentally. My mom helped me get my stuff and leave quickly in one day because of how fearful I was. I called and he explained several times that he took me off the lease. I was sure I had to sign something, but he kept insisting to my family and everyone that I was off the lease . I called to speak with the landlord who confirmed I wasn’t on the lease and that was that.
I start to move on with life. Until two months later my ex sends me a photo of an eviction notice with both of our names and I was appalled. I thought I was taken off. I’m only 23 and finally have an amazing job and I have enough to move out, but I see that eviction is on my public record and I’m miserable. Is there anything I can do to fight this? His income qualified us for the apartment so it’s not like I needed to be on there for him to stay. I’m just at a loss of what to do about this. Do I have to deal with this for 7 years for something that’s not my fault or do I fight it on the grounds of my abuse and being told I was removed from the lease by two parties.
Side note: I know you may wonder why I didn’t go down there, but I was honestly terrified of running into him again. I’m in San Diego, CA. If it helps.
I am so sorry for the bad experience you had to go through and how lucky that you had a support system to get you out of that mess. Good for you to be strong enough to get out! That was very brave and you are now a stronger person.
If I was in your shoes, I don't think I could have done a better job and to know what else you could do to protect yourself from the LL. Was the LL aware of the abuse? If so, how cold, uncaring, inhuman of them to be stupid and put your name on the eviction notice.
I can't give you any advice, but please keep us updated so I can learn from your experience.
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