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States like California and Colorado allow for the automatic sealing of an individual's record as soon as an eviction lawsuit has been filed, while other states, like Indiana and Minnesota, require a tenant to formally apply to have their record sealed or expunged once a court decision has been delivered.
Consequently, California a then passed another law keeping eviction cases from becoming public record for 60 days (as opposed to the traditional 30 days). The law also strikes tenant names from eviction cases if the tenant wins the case with the allotted 60 days.
If your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.
While last month's Household Census survey shows renters concerned about evictions, California consistently has the LOWEST eviction rates of the 10 most populous states, with 2.2 pre-COVID eviction filings per 100 rental households as compared to 9 per 100 in New York and 16 per 100 in Michigan.
How Long Does an Eviction Stay on Your Record? An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.
Under the 2019 law, landlords can evict tenants for "at fault" or "no fault" reasons. "At fault" reasons include failure to pay rent on time. Under "no fault" rules, landlords can terminate leases merely by saying they need to move into units, make repairs or take the units off the rental market.
Once you have come up with a mutual agreement, your landlord can allow you to apply for an eviction record expungement. You should document all the mediation proceedings, such as payment receipts, your mutual agreement and the landlord's consent. You will need these documents to support your expungement application.
California's Tenant Protection Act The Tenant Protection Act prohibits landlords from evicting most tenants without ?just cause.? The law sets out two kinds of evictions: "at fault" evictions and "no fault" evictions. At fault evictions include: Nonpayment of rent. Breach of a material term of the lease.