If eviction is filed but I’m out before court date and go to court will it go off my record

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If eviction is filed but I’m out before court date and go to court will it go off my record

I was giving 90 day notice to move
out because they don’t not
renewing my lease if landlord
files for an eviction if I leave
before the court date will be on
my record

Asked on July 3, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It will go on your record as a judgment against you IF they do not dismiss the case and you do not appear for the court date--in that event, if they continue with the case (for any reason--to make sure they have legal possession; because they are disorganzied and the lawyer did not get word that you had moved out; etc.) and you do not appear, they will get a "default judgement" against you. You may be out of the unit, rendering the case moot, but the court doesn't know that unless someone tells it.
If they don't dismiss the case in advance and prove to you that it was dismissed, show up for court--you can tell the clerk and/or judge that you have already left and they can dismiss the case.


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