Monday, September 28, 2009

Unlawful Detainer Registries

Aside from being forced to move, the effect of an eviction in the information age is now even more far reaching. Private companies like First Advantage SafeRent comb court records and collect the names of defendants in unlawful detainer actions. Every landlord should check this database before renting his property to a tenant. Thus, it is in the tenant's best interest to stay off of this list.

In an unlawful detainer action the record will remain sealed for sixty days from the date that the complaint was filed. After those sixty days the unlawful detainer becomes public record per CCP 1161.2 and the tenant's name will likely appear on the registry unless the tenant wins his case, or the case is dismissed. In the event that the tenant loses his case, he will want the record sealed. To do so, the tenant, in his answer to the unlawful detainer, should ask the court "to seal the record before and after the judgment or dismissal."

Tenant's names remain on the list for seven years!

2 comments:

  1. Once I've had my unlawful detainer sealed in court can my prior landlord say I've been evicted or can they give out negative information to my future landlord?

    Thanks

    ReplyDelete
  2. Your work is truly appreciated round the clock and the globe. It is incredibly a comprehensive and helpful blog. Tacoma eviction attorney

    ReplyDelete