QUESTION
If I am served a prejudgment claim of right to possession and leave voluntarily, will I still get an eviction on my record?
Asked on Nov 23rd, 2015 on Residential Real Estate - California
More details to this question:
We were served a prejudgment claim of right to possession since we are a month-to-month at our apartment. We have 10 days to respond, but plan to move out before those 10 days are up. Do we still have to respond to this if we are planning to move out voluntarily? If we leave within that time before they have to call the sheriff for the actual eviction, can we avoid getting an eviction on our record? I already tried contacting management and am getting no clear answers.
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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If you move out, then the UD must be dismissed. Notify the landlord and the court that you have moved. Then you wont' have an eviction on your record, but the landlord may change the case into a small claims case for any money that you owe.
Answered on Nov 25th, 2015 at 8:13 AM