TRANSFER EVICTION - Landlord Forum thread 349548

TRANSFER EVICTION by Jillian (California) on December 4, 2016 @11:51

My daughter moved from apartment and landlord agreed to allow me to stay and pay rent, she asked my daughter to write a letter giving rights to the apartment up and sign it. She did and we gave it to landlord. Still the eviction was in her name. Can we get the eviction out of her name and into mine?

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Re: TRANSFER EVICTION by Garry on December 4, 2016 @12:28	[ Reply ]

No. Once an eviction is filed in a court system, the names on record are there forever, even if the eviction gets dismissed in the defendant's (your daughter) favor. Yes, you can have a new agreement drawn up between you, your daughter, and the LL. but it will have no effect on the court documents that were already on record. You daughter should have moved when first notified by the LL to do so, BEFORE any case was filed in a court system. That way, the LL would have had no reason to file anything with your daughter's name on it.

Re: TRANSFER EVICTION by Todd (CA) on December 4, 2016 @14:07	[ Reply ]

Jillian, What is the basis of eviction - non-payment of rent and/or some other violation? The transfer of tenancy seems fishy to me. Your daughter wrote a letter giving up her rights. What did you sign, if anything, accepting the same rights? Did the landlord provide you with anything (in writing and signed) that authorized you as the tenant? The landlord should have terminated the old agreement and provided a new one to you. You said the landlord agreed to let you stay and pay rent. Was that in writing? Did you pay rent?