Question: How long is an eviction kept on credit reports? Does it state the apartment complex or the owner’s name on the credit report?
Answer: Credit bureaus delete judgments from a consumer’s credit report after seven years. The apartment complex will appear on the credit report as the plaintiff in the eviction case if the case is filed in court with the apartment complex named as the plaintiff.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: I have a resident who was just put in a detoxification clinic. Her sister wants me to allow her inside to remove all of her personal possessions and move her out because she says the resident is not planning on returning. What can I do to protect myself from being sued by the resident because someone took her belongings and management re-rented the unit?
Answer: Under California law, you do not have the legal right to allow the sister inside to collect your resident’s personal items without the consent of the resident. Therefore, any family member who wants inside should provide written authorization from the resident or power of attorney allowing them to enter the unit. Make sure the signatures match or require a notarized statement and check identification. Likewise, if the resident is intending to vacate the unit that should also clearly be stated in writing by the resident.
Question: I am an on-site manager and I am upset because I was tape-recorded without my knowledge or permission by someone who was “shopping” the apartment community. Is this legal?
Answer: The law protects individuals from being secretly tape-recorded during conversations in a situation where there is a reasonable expectation of privacy. There are civil, as well as criminal, penalties for violation of the rights of privacy through secret tape recordings. However, there is no violation in cases where the expectation of privacy does not exist, such as telephone answering devices.
Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.