A new law now directs court clerks to permantely seal the eviction record of tenants, unless a judgment is obtained within the first 60 days from the filing of the eviction complaint.
AB 2819 amends California Code of Civil Procedure §1161.2 to automatically and permanently seal all limited Unlawful Detainer actions, unless (A) the landlord prevails within 60 days of filing (unless a default or default judgment is set aside) or (B) after 60 days only if judgment has been entered for the landlord after a trial, and the court issues an order allowing public access to the record.
This law will seriously affect the ability of landlords to evaluate and screen applicants. Obtaining an eviction report is vital. Landlord should never accept an applicant with an eviction on their record. This law now hides the applicant’s eviction record unless the judgment was obtained within 60 days of the filing of the eviction lawsuit.
In many instances, judgments cannot be optained within this time period. Circumstances include tenants that evade service, file spurious court motions and request jury trials. All of these items will effectively prevent a judgment from being obtained within this 60 day period. Furthermore, tenants will not have incentive to settle within the first 60 days. If the case is delayed, the eviction record is permanently sealed.
This qualifies as just another bad law for landlords. Our recommendation is to require a higher credit score from applicants. Screen carefully to avoid becoming a victim.