Reveal Old Bankruptcy Before Credit Check
Question: I am looking for an apartment in Hollywood, West Hollywood or Los Feliz. I filed a Chapter 7 bankruptcy three years ago because of financial problems, but since then I have saved up money and have a well-paying job.
Every time I apply for an apartment, I get rejected because of the credit problems. No one seems interested even if I am willing to pay a higher security deposit.
Does that mean I never will be able to get my own place again? Is there a place in Los Angeles that accepts credit-damaged people like me?
Answer: If all of the credit problems are three years old, and you’ve taken steps to improve your credit status since then, you should find some landlords willing to give you credit for doing the right thing. Some will rent to you.
You should be completely upfront about your credit problems when you apply for an apartment. Tell them all about the problems, how they happened and what you’ve done to fix them. Don’t try to hide the problems. People don’t like these kinds of surprises.
Tell the landlords about the credit problems and bankruptcy before they ever check your credit. Some will decline your application right at that point. I think that’s still better than waiting for a call that never comes. Others will appreciate your candor and check your credit to verify your honesty.
If you have been frank and if you now have a well-paying job, many landlords will rent to you in spite of your past financial indiscretions.
If you have been anything less than entirely candid, you will be rejected because you have proven that you still can’t be trusted.
An eviction, especially for nonpayment of rent (which includes more than 90% of all evictions), is harder to overcome than damaged credit or a bankruptcy. As with credit problems, explain the situation to the landlord upfront to have any chance of getting the apartment.
If credit problems that you have cleared up still show up as negatives on your credit report, you may have to call the credit reporting agency to get them straightened out.
By law, the landlord must give you the phone number if you’re being turned down because of the information contained in the credit report.
In answer to your other question, I am unaware of any rental agencies specializing in prospective renters who are credit-damaged.
Roommate Has Same Rights as Tenant
Q: I live in Long Beach and I’ve rented out the second bedroom in my condo for 18 months. I now want my temporary roommate to move out. I’m afraid that I may have a hard time getting him out. I will give him a 30-day written notice to vacate, but does he have all of the same legal rights as if he had rented an apartment?
A: Unfortunately, you’re about to find out that landlording isn’t all it’s cracked up to be, particularly during an eviction. If your roommate hasn’t moved out after the 30-day notice expires, you will have to evict him just like any other tenant.
Although you can represent yourself in court during an eviction, I don’t recommend it. It is a fairly complex legal procedure and you are better off using an attorney. Not just any attorney will do, though. Use an eviction specialist to assure that the job is done as quickly and inexpensively as possible.
It generally takes one to two months to evict a tenant, and the cost averages around $400.
Another, sometimes better, approach is to negotiate a settlement with a tenant who does not want to move out. If you consider the cost of an eviction, $400, plus two months of unpaid rent, conservatively at least $250 a month, higher utility bills and the aggravation, offering a reluctant tenant $500 to move can be a good deal for you.
Kevin Postema is the editor of Apartment Age magazine, a publication of AAGLA, an apartment owners’ service group, and manager of public affairs for the California Apartment Law Information Foundation, which disseminates information about landlord/tenant law to renters and owners in California. Mail your questions on any aspect of apartment living to AAGLA, 12012 Wilshire Blvd., Los Angeles, CA 90025.
