Can an apartment complex put an eviction on your credit if you were never evicted but late for 1 month and they used a lawyer?

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Can an apartment complex put an eviction on your credit if you were never evicted but late for 1 month and they used a lawyer?

Asked on November 7, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there was no actual eviction, there should be no report of an eviction--reporting an eviction when one never occured could be defamation and you may have grounds to sue. However, you say they used a lawyer--are you sure they did not go to court and get a judgment of possession against you? Possibly because you did not show up to court? If they obtained a judgment of possession, and then applied for and received a warrant or writ of removal, then you were technically evicted.

And in any event, you could clearly have a default reported on your credit, if you failed to pay any rent.


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