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CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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How do I get a wrongful eviction removed from my record?

Customer Question

How do I get a wrongful eviction removed from my record?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

How long ago was this eviction?

(When you say "wrongful eviction" I assume that you were the tenant and your landlord evicted you improperly, is that correct?)

Customer: replied 1 year ago.
This was in 2009. Yes I was the tenant but I had not lived in the unit for 9 months and I personally went to the prop mang company David N Shultz and paid my fees and balance current as well as my 30 day notice. on a month to month agreement. I also asked them if the current tenant could take over the lease. they said they just needed her application and a new rental agreement. so about a week later I mailed them a written 30 day notice and a completed and signed application and month to month from the new tenant. time goes by I get a voice mail saying that shes so sorry but it has to be on the company letterhead or their application. at this point I was so fed up and the situation was the least of my worrys at the time. they decided to evict me. now I am not sure why they would not have given me the application when I was in their office in person discussing this.
Expert:  CalAttorney2 replied 1 year ago.

Unfortunately a 6 year old case is going to be hard to deal with.

A case that is 6 mos. old or newer can be dealt with through a "motion to vacate" but one that is stale is going to be much harder.

If you want to try making a motion to vacate this judgment you can do so (keep in mind, the case will never disappear, if you are successful in your motion, you will get the judgment vacated, but not the case itself, so there will still be a UD action, just with a different outcome).

I would recommend speaking with a civil litigation attorney to assist you with this (as I noted, this is not going to be easy to do, and you will need the additional leverage of having legal counsel).

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