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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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How do I clear an eviction from public record? I have an

Customer Question

How do I clear an eviction from public record?I have an eviction filed against me that's on public record and preventing me from getting new tenancy. The eviction was filed about 6 years ago in Oakland, CA. I was subletting from an unethical leaseholder who misrepresented the property. I paid reduced rent and they withheld my deposit and destroyed my property while I was moving out. I would like to:
- recover my deposit
- recover damages from lost work and destroyed computer equipment
- clear my record of the evictionPotentially relevant details:
* I received no service that there was an eviction hearing, consequently did not attend the eviction hearing
* I suffered losses from being unable to work and destruction of my computer equipment
* I left because they had a disruptive full time live in girlfriend that was not on the lease or supposed to be there full time
* They got a chihuahua that barked constantly making work and rest impossible
* The leaseholder insulted me, physically threatened me and spit in my face
* I have record of discussions about the various issues over email and text messages
* The leaseholder tried to sue for non-payment of rent, and lost
* They subsequently filed eviction without serving me documentsI am quite distressed to be thinking about this difficult period again. There are few people I loathe as much as the guy who screwed me over as much. I hope to resolve this as quickly and fairly as possible. To me this means recovering my deposit, compensation for losses to work, computer equipment destroyed by him, and clear my record of the eviction.I hope that's clear and relevant information. I'm interested in experts who can help me discover:
- What are options for affordable representation to achieve my goals?
- How would I go about this on my own? I.e.:
- What are the steps I need to take in the Oakland court to clear my record and recover deposit and damages?Thanks in advance, any guidance is greatly appreciated!
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 2 months ago.
Greetings! I am a legal expert on the site and am working on your question.Where eviction improper due to illegal conduct of landlord you may file an action in state court to have it removed and declared void.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.Local counsel can expedite it. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.Please let me know if that is acceptable and feel free to reply back and follow up
Customer: replied 2 months ago.
Thanks for your reply.I will prepare documents as recommended, and check into the links provided.I'm not clear on the following:
- is a leaseholder a landlord?
- what documents do I need to file with the Oakland court to file an action? Is state court different?
- how do I expedite it without counsel?
- I live in another county now, can I accomplish this in my local court?Thanks in advance!