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.
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?
ReplyDeleteWe 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.
ReplyDeleteIf 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?
ReplyDeleteWe 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.
ReplyDeleteIn most jurisdictions, the court has final say. That's basic protection under the law.
ReplyDeleteIf 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?
ReplyDeleteI 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.
ReplyDeleteHow 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??
ReplyDeletemy 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?
ReplyDeletewe 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?
ReplyDeleteplease 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?
ReplyDeletewhat 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?
ReplyDeleteHow do you appeal a judgement?
ReplyDeletecan a landlord evict us for late rent payment, even though she charges us interest, and we always pay it with interest, and now she has served us with an eviction notice,we will be going to court, what are our chances in court, is it worth defending this, we are foreigners, and have papers, all of a sudden she even wants our visa?
ReplyDeleteHow long does an eviction stay on your credit?
ReplyDeleteIf it shows up at all (some reporting agencies don't include them, some do) it will usually appear there for 7 years like any other credit proceeding.
ReplyDeleteNote that landlords also may often gain legal access to other databases that will readily show eviction judgments as a matter of public record.
what if a landlord is evicting you because you called the health department on him for an issue that was discused with him. about the problem. and threatens to turn utilities off in 2 weeks and u have to be out in those two weeks?
ReplyDeleteWere you served an eviction notice? Are you lagging behind on your utility bills? If the answer is no to either question, inform your landlord (in writing) that you will be talking with a lawyer.
ReplyDeleteCAN your landlord give you a eviction notice. just becuse you won't move one of your cars.I have 3 cars and i drive 2 of them the other one i just don't won't to drive but it work. so can he do that. pluse iam just paying lot fee i stay in my on trailer.
ReplyDeleteDid you sign a lease with the landlord? What does it say?
ReplyDeleteI (the landlord) rented out a house, collected no security deposit or first months rent based on the tentent agreed to do some work to cover the costs. The first months rent which is actually month 2&1/2 now, has not yet been paid and now is 20 days late. Can I evict them due to no payments or wait past 30 days?
ReplyDeleteif the eviction is not signed by a court officer is it still legal even though the judge signed it and is it legal to find the eviction on the floor of yr apt n not hand delivered?
ReplyDeletewhat can be done after an order to show cause has been denied ? the landlord has verbally agreed to accept half the arrears an will work on the rest but the court has denied my order to show cause what i can do ?
ReplyDeleteThe lease for my tenants has been over since December 31, 2011gave them a verbal notice that I would not be renewing the lease I told them I would give them time to find a place. I had provided the wahser and dryer for them they were brand new a year later they break the washer I told them I would not repair it because there is lease is over and I had purchased the acins new because they couldn't afford to buy them. I send them an eviction notice in March giving them till the end of the month to move out they didn't they paid the rent for March six weeks later and April two weeks late after they received a notice from the Justice of the Peace now they have delayed the scheduled date for a week plus they went and got an attorney. Do I have anything to worry about?
ReplyDeletemy mom is being evicted from her place, and I'm trying to buy her some time so she can save money and get a place.
ReplyDeleteShe was not served ANY papers, but just told verbally to be out by the 1st of the month, and from what I understand they have to serve the papers to her to legally kick her out right?
Please e-mail me the response, Darthgaret@yahoo.com
Why dont landlord's have much protection agence renters some of this people that are trying to live off for free and also distroying are homes, its the best way to make the landlords lose what they work for with lots of years of hard work. Its sad some of this people are also senior citizen's that are taken atvantich of, because others are trying to make easy money from them or any one that they can. I would like to no if we could go public any other way for putting the evictions that were file by court and the landlord wand the case but did not no how to file a jugment on the people they evicted all because they could not afford to spend more money. its not fair for others not to protected them self just imagen how this people work hard all there years so some take that like a easy life come and take them like that. were is the justes for them if it keeps happening to them over and over. is there any way too record evictions for them that have already been won but that are not on a jugment because they could not afford to pay more money or is there any way to put up public information in a diffrent way for people that dont no how to use a computter or are computer inliterate and if so how can we go public with people that do this every were that rent and is costing the landlords lots of money because they are not regester for others landlords to see who this people are, that have been evicted by court. thank you Sincely always please get back to me at lookinggood3417@gmail we need more help for senior citizen and good people out there because some of this people are low emcome and are not being told they can wave file feeds and excetra. or not even getting help from are courts its sad, Californian does sound like the land of oportinity to be taken advantich of. no longer the land of opportunity to better are lifes and the lifes of are familys with hard working people. with the excuse's of the economy falling every one that not careull lose everything to the renters of cons or excetra.
ReplyDelete