Hi Myng:
{Insert standard disclaimers about me not being a lawyer}
From the "Santa Clara County Superior Court's guide to Settling an
Unlawful Detainer Action Outside Court", you should ask to get
something in writing detailing your agreement to move out, and their
pledge to dismiss the case. It is then the obligation of the landlord
to notify the court of the settlement, and to dismiss the case once
the settlement is executed.
[ http://www.scselfservice.org/civ/ud/panddsettling.htm ]
4. What to Do if You Come to an Agreement to Settle the Case:
A. Put it in writing, get it signed, and keep a copy...
B. Notify the court immediately...
C. Dismiss the action after the settlement is executed...
California Civil Code states that it is illegal for a credit agency to
report on "a settlement agreement":
[ http://caselaw.lp.findlaw.com/cacodes/civ/1786.10-1786.30.html ]
1786.18. (a) Except as authorized under subdivision (b), no
investigative consumer reporting agency shall make or furnish any
investigative consumer report containing any of the following items
of information:
...
(4) Unlawful detainer actions where the defendant was the
prevailing party or where the action is resolved by settlement
agreement.
However, there is a warning on the California Tenant Law website about
one particular credit rating agency that appears to not abide by that
law. (Please note that this isn't the most unbiased site, as it's run
by a Tenant Lawyer):
[ http://www.caltenantlaw.com/credit.htm ]
What U.D. Registry Apparently Does:
Apparently reports all unlawful detainer actions, even where the
landlord
loses [i.e., "plaintiff takes nothing""] and where the case is
dismissed
by settlement agreement; will only omit the record if tenant shows
"judgment for defendant"; tells tenants who call to inquire that
there
is no way to take their name off the record
So, it sounds like it's possible that even if you and your landlord do
all the right things, it still might show up in U.D. Registry's
records. The author of the Cal Tenant Law has several suggestions on
disputing your appearance in their database. But I suggest merely
keeping a copy of all the paperwork above, and if you are denied a
rental based on an "eviction report", then you should request a copy
of the U.D. Registry report. In fact, you should also request copies
of all of your credit reports at that time, since credit agencies are
obligated by law to provide you with a free copy whenever you are
denied a rental:
UDR's form to get a copy of their file on you:
[ http://www.udregistry.com/UDRTenant.html ]
Phone numbers to request free credit report (if you've been denied a
rental based on their information):
Experian: 866 200-6020
Equifax: 800 685-1111
Trans Union: 800 888-4213
If this isn't everything you need, please let me know.
--Darryl |
