Eviction likely won’t be factored into this tenant’s credit score
Question: I have a valid court eviction entered on my credit report. The eviction was for possession of the property only, not for money damages. I plan on purchasing a house soon and am wondering if the eviction will affect my credit score. What do you think?
Answer: The eviction will be a part of your credit report for seven years, but since there was not a court judgment for money damages, it is unlikely that your credit or FICO score will be affected. A FICO score is a credit score developed by Fair Isaac Corp. and is based on your personal history such as on-time and late payments, amount of credit and debt, money judgments, employment history, length of credit history, bankruptcies and collections. In general, when a property owner is reviewing a prospective tenant’s credit history, they are looking specifically for evictions and judgment records.
You are entitled to a free credit report annually from the three credit bureaus. Call (877) 322-8228 or go to www.annualcreditreport.com for information. There is a small fee to obtain your credit or FICO score.
If, by chance, your credit score is lower due to the eviction, you can enter up to a 100-word explanation of the circumstances to each credit bureau. This explanation is forwarded to those creditors or potential creditors you have authorized to view your credit report.
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Child support passes income test
Question: My sole source of income is the child support I receive each month from my ex-husband. I have been looking for a larger apartment, but several managers have rejected my applications due to a lack of personal employment and income.
I receive $5,000 a month in support income and feel this should be sufficient for apartments that are renting at rates from $1,500 to $2,000. Can the managers refuse me because I don’t work?
Answer: No, managers or landlords cannot refuse you because you are not employed. Landlords may not discriminate against people because of their source of income, as long as it is legal, verifiable income paid directly to the tenant or his/her representative.
In your case, your source of income is the monthly child support you receive from your ex-husband.
A landlord may set income limits and refuse to rent to people whose incomes fall below a certain level, as long as they apply that standard to all applicants. It might help you to have a copy of a court document to verify this payment, which you can show to prospective managers. If you continue to encounter such incidents, contact your local fair housing agency for more information and assistance.
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Seeking 5 more days to move
Question: The resident manager sent me a notice to move in 30 days. I will move but think I’m entitled to 35 days. The manager says no. Who is correct?
Answer: If you received a copy of the 30-Day Termination of Tenancy notice on your door, you must also receive a copy through the mail. If the mailed copy was sent by certified mail, then you are entitled to an additional five days to move. However, if the notice was sent by first-class mail, then the 30-day count begins with the day after the notice was put on your door.
Service of the notice only by mail is not considered proper service. Using the additional five days will require you to pay a prorated rent for five days if the time flows into a new month. To calculate prorated rent, divide the monthly rent by 30 and then multiply by the number of days the property is occupied during the new month.
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This column is prepared by Project Sentinel, a rental-housing mediation service. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, Calif. 94087. For housing discrimination complaints, call the state Department of Fair Housing and Employment at (800) 233-3212 or the Southern California Housing Rights Center at (800) 477-5977.
