Question: How long does an unlawful detainer judgment stay on the tenant’s record?
Answer: As with all judgments, it is valid for 10 years as far as collection goes, but the credit reporting agencies keep this information for seven years. The judgment also accrues interest at 10 percent per annum, and can be renewed for an additional 10 years.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: I represent an owner of several buildings who has a few tenants that are past due on their rent. Instead of evicting them, he is offering the tenants a payment plan, if they are willing to sign a promissory note detailing the arrangement. If the tenant defaults on the promissory note, will he have to start a new eviction proceeding with a three-day notice?
Answer: A promissory note would not be recommended. Once the tenant signs a promissory note, the rent is deemed “paid” for unlawful detainer purposes and the owner would not be able to serve a three-day notice to pay rent or quit and proceed with the eviction. Instead, he would have to sue on the promissory note and then try to collect, so the leverage for eviction disappears once the note is signed.
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