With the economic downturn, searches for legal help regarding eviction law have skyrocketed across the Web.
The most common reason for eviction is, of course, nonpayment of rent, usually by cash-strapped families who can no longer afford to pay.
On the flip side, landlords often are advised to tread lightly when it comes to evicting a tenant. This is not only due to the emotional conflicts involved on both sides, but the legal hassles involved.
Unfortunately, some landlords will simply bypass the courts to take matters - illegally - into their own hands.
The illegal route to eviction
Tenants have rights. Gone are the days when landlords could summarily throw families, furniture and baggage from their homes, but some may still resort to harassment tactics to force tenants from their homes such as:
- Changing the locks
- Padlocking the door
- Removing the door
- Removing your furniture or other property
- Turning off utilities
Landlords who try these methods (or anything else to keep you out of your apartment) should be reported to the police immediately since in most localities they will be in violation of the law and subject to criminal proceedings.
The legal route to eviction
To legally evict a tenant, landlords must either hire a lawyer or arrange a court date themselves to hear their case. Next, they must notify the tenant at least several days (5-10 in most jurisdictions) in advance of the hearing date. This is to give the tenant time to prepare a defense.
In court, what's a tenants best defense?: Always remaining calm and explaining your side of the story.
If possible, bring the back rent money to court to have the case dismissed. If you paid the rent, bring a receipt. If you have held back rent because your landlord didn't make necessary repairs, be sure to bring photos and any other proof of your landlord's negligence.
If you cannot pay the rent, or the judge otherwise rules in favor of the landlord, be prepared for an eviction warrant and get ready to move. Depending on individual circumstances, the judge may order removal in 72 hours or issue a "stay" to ease any economic hardship.
Why and how to avoid eviction
While the landlord may not report the eviction, it is still a matter of public record which credit agencies or other landlords can easily discover - with a little digging. If eviction isn't bad enough news, the impact that eviction has on your credit rating is similar to that of bankruptcy, effecting your chances of renting in the future or obtaining anytime soon a bank loan or credit card.
Therefore, if you think you may be any chance of losing an eviction case, it is usually in your best interest (as well as the landlord's) to come to a personal agreement, and avoid a court case altogether.
12 comments:
What if you've recieved an eviction notice when you don't owe rent and the notice, though hand delivered by a constable, states no reason for the eviction?
We would assume your landlord either does not know how to file an eviction notice (in most cases, the reason should be clear) or else is trying to strong arm an eviction.
If you have receipts for past rent payments, bring them with you to the hearing. Meanwhile, make sure you haven't violated any terms of the lease so that you are well armed for arguing your case.
Help that helps.
Assume you're writing from the UK? If so, here's more :
http://www.direct.gov.uk/en/HomeAndCommunity/Keepingyourhomeevictionsandhomelessness/LosingYourHome/DG_10014595
http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants
does and eviction haved to okayed by the court first, and if you receaved a 30 day notice and get a 3day pay or leave notice just days after the 30 day, which one applies?
We have been late a few times and were told by the landlord to not pay the late fees. We have always paid the rent except for May which she told us not to since we had difficulty with April rent and paid it May 8. We have usually paid the rent between the 1st and 10th of the month and the last few months went to the 15th and now the 23rd of the month. She is now saying she will get a lawyer and start the eviction notice even though we are paying rent, she does not want to get charged late fees from her mortgage company after the 15th, I understand. We do not want to be late either but expenses and less income had caused that.
In most jurisdictions, the court has final say. That's basic protection under the law.
If you are faithfully paying your rent within the month, there is hardly any way a court will decide against you.
What if you live in New Mexico and you have paid your total rent and have late fee remaining under $100.00. You have been told in the past that anything under a $100.00 they will not file. Can they still file evction if you have paid your total rent for the month- late fees?
I owned a co-op in south beach. I unexpectedly lost my mom, my job and my finances. A secondary lender filed foreclosure. Just prior to the foreclosure sale I found a cash buyer. I filed an objection to sale and was told I would have a hearing to present my buyer to the judge. The objection to sale was over-ruled about a month later (I've no idea why)and the title returned to seconardary lender. The clerk said there was never any date set for the hearing in the computer. I spoke to a lawyer who said that I would receive an initial notice of eviction and that would indicate the final eviction date which she said was about a month later. Last week I found a 24-hour final eviction notice on my door...and I hadn't received any prior notification. My question is how to present this to the judge so he would be willing to give me some time to get my possessions out and my life in as much order as possible.
How late is late?? If rent for the month is paid that month (before the last day) and late fee's are also paid can you still get evicted? Does it need to be more than 30 days late??
my landlord is evicting me for July's attorney's fees and August rent. I have been paying every month but just late because I lost my job. My landlord knows that but she rus to court every single month knoing I'm going to pay her. This time, once she filed, I found out that my apartment is illegal. It is an attic. Can I collect relocation assistance from the management company?
we just recieved a 60 day eviction notice to vacate the premises. we have lived there for 8 years. landlord wishes to remodel it & increase the rent. i heard that since she is evicting us, we don't have to pay rent for those 2 months while we stay there to find another place to live & move out. is this true? where can i find proof to this?
please help!
thanks
I have been told of an eviction by my landlord, I have been two months behind since Jan 09 due to loss of job and work related accident, which required an operation, I was making 1000.00 a week before and unemployment and disability have only given 500.00 weekly or 1006.00 bi weekly. Do I have at least a thirty day period to move?
what are the rules/laws that apply to evicting a family member when there is no lease or agreement? can someone just tell them to leave and throw their property out without giving them a certain amount of time?
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