Property eviction or legal ouster is the act of ejecting a tenant from a property deemed unfit for occupancy. If you are a tenant facing eviction, you certainly would agree that it’s a rather daunting and discomforting turn of your life. The hassle could grow tenfold especially if you are not prepared to face it. However, to minimize its ill effects, educating yourself about eviction, its legal processes, and whatnot could not only save you time and money, but your future as well.
Legal rights and rules regarding eviction for both property owners and tenants vary from one state to the next; hence, knowing the rules and applying them can save you from going through the whole mess. In a contract of lease, there are terms and conditions, which both parties have to abide; consider those terms to be in accordance with the laws. When the whole or part of the contract is breached, the party whose rights were violated has legal implications to demand for damages.
Whether you compelled the eviction process to happen or not, your landlord cannot simply evict you right away, detain you within the premises or confiscate your properties to cover the arrears. Naturally, there’s a legal process for that. Most of the time, nonpayment of rental dues, expiration of the lease, violation of terms, and a souring relationship are the common reasons.
In some jurisdictions, if the cause for eviction is due to nonpayment of rent, a demand to pay is a prerequisite. When such demand to pay notice is ignored, the landlord can make a follow-up notice for the payment of the arrears plus interest and possible eviction.
In California, they call it as “Three-day Cure or Quit”. This means that you be given three days to cure or remedy the situation or leave the property. If no arrangements have been made, the landlord can petition the court for your removal in the form of a 30-day or 60-day notice.
Eviction laws vary from state to the next, so to save your resources, make a way to settle the disputes peacefully. However, if you feel that your landlord is hitting you below the belt, you need an eviction lawyer should you decide to fight back. If the court finds out that indeed your landlord is treating you unfairly, you can collect damages known as a counter-claim.
On the other hand, if you accept to move out, you can do so and start packing. Make sure that you were given ample time to find a new place – 15, 30 or 60 days.
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