Tenant and Landlord: What You Need to Know About Eviction Laws?
What does eviction mean and do you always need a lawyer to see it through?
There are many misconceptions about eviction and its law. Following we are going to clear a few of them as we will discuss eviction in details including how a Los Angeles Eviction Attorney helps you out.
We are going to discuss everything you need to know about eviction notices, how to prepare them and fight them out if you need to do it. If you have any issue with your landlord, you should read the following and see how to tackle it.
When You Need a Lawyer to Help with Eviction?
Evictions are not always easy. These have to be handled carefully between both parties. It can be done easily without any damage without the need of layer or any third party. This is rarely the case. In most cases, a third party or lawyer has to be present on the scene to control the damage in case things go south.
To make sure things go as planned, you have to comply with the rules. Some legal process has to be followed to implement the legal eviction. If you want to the know when you need the lawyer, it’s one of these two cases:
Evicting Your Tenant
The eviction process has to be carried out concerning the PIE Act. Landlords are requested to avoid abusing law and taking any extreme measures. Don’t do something rash by cutting off water or electricity. This is illegal, and it will never help your cause. Instead, it will only cause issues.
Having a lawyer at your side will help you understand whether there is a breach of contract or not. The lawyer will be able to explain which route you need to follow related to eviction. There are three procedures when it comes to evicting a tenant; these are:
- Normal Eviction
- Urgent Eviction
- Organs of State Specialized Eviction
Property owners need the assistance of Los Angeles eviction attorney to evict their tenant in the right way. Before you start the whole process, you should cancel or withdraw your rights to give consent to the previous occupant. The cancellation has to be handed to the occupant in writing and notify them of the process to follow. Give them a time frame v which they should vacate your house or property.
If the occupant fails to comply or evacuate your property, then you are allowed to start the eviction process. First, submit the eviction application in court. The occupant will then be notified of from the court about the date and time of their representation.
A lawyer who specializes in eviction law will help you attain documentation and representation to make sure the process is done strictly by the book.
photo/ pixabay user succo
Being Evicted Yourself
In case you are facing eviction yourself, you better learn about your rights as a tenant. You better consult a lawyer on specifics of the PIE Act and about the risk you are facing. You have the right to receive timely notice of eviction hearing. You have the right to apply or legal aid in case you need assistance.
Hiring a lawyer can help make sure your landlord handles the eviction process in the legal way. For instance, if they are trying to evict you without a court order, this is a criminal office, and the landlord can face serious consequences.
If you have any questions related to the eviction, you should speak with your Los Angeles Eviction Attorney.
Eviction Process and Rights of Tenant
Renting can prove to be easy than owning a house from time to time. Tenants don’t have to worry about maintenance as homeowners do. They don’t mow the lawn, fix major issues, or pay the property tax. But tenants are required to follow a few rules. They must pay rent on time and follow all terms of lease or rent agreement. If they fail to do it, they face early termination of tenancy and eviction lawsuit
The eviction can appear on the tenant’s credit report and serious can-do harm to their credit score. This affects their ability to take advantage of housing opportunities in the future.
Landlords should keep up with their state’s real estate laws and respect the terms of lease or rental agreement. Some tenants believe if their landlord violates the lease terms or break the law, then they can withhold the rent. In some states, this happens very often; the tenant ends up withholding tend because the landlord failed to maintain the rental unit according to legal standards.
There are two rules that tenants follow when they do this, but not every state allows these rules. So the tenant who withholds rent might face eviction himself. The fact is, tenants have rights but so do landlords. They have to follow specific rules and exercise their rights at the right time — the middle of an eviction.
Eviction Process
Eviction lawsuits got different names; it depends on the state. Some states title them as unlawful detain suits while some title them as dis-possessory proceedings. Some call them forcible entry and detainer suites. Just like the name, some details of these cases change from state to state, but the idea remains the same.
These lawsuits are the only legal way for a landlord to remove a tenant from their property. Eviction is a legal case, and the landlord and tenant have to follow legal rules and process. To start the case, the landlord has to terminate the tenancy legally and file a complaint and summons.
In some states, the landlord only needs to file an affidavit in which they layout reasons for why they want the tenant evicted. The tenant now has the chance to respond, and the court will set a time and date for either a hearing or trial before a judge. At the hearing of the trial, the judge will listen to evidence.
Both tenant and landlord present the evidence. It can be anything paperwork, or witness. The judge decides what to do next. If the landlord wins, the judge will issue an order for removal of tenant. It will authorize an officer to evict the tenant by a given date. Eviction cases have every element of a civil case. But it happens much faster than other types of cases.
These cases are typically set within a monthly. The judge usually decides trial or hearing.
Effects of Eviction
Evictions can cost a lot of money, especially if the tenant chooses to fight back. Apart from the expensive, the tenant has stress and stigma of being involved in the lawsuit. This also shows up on the tenant’s credit report and affects their credit score. Some states enacted laws which help tenants to win eviction case or have the case dismissed. Some states have laws that prevent eviction lawsuits from becoming public for more than two months. Once the lawsuit starts, the tenant wins the lawsuit. This way, the case is leased, and only one will access it unless the person has some good reason to select it.
Some tenant expunges eviction. This shows the tenant removed eviction from public records with good intentions.
Unless the tenant can remove the eviction from the public record, the tenant better hides eviction on housing or job application, evictions appear in public record and, it’s possible the tenant gets accused of fraud if they deny their action. The tenant can find a new house if they have a good credit score with a steady income and clean rental history. They also need good references, post-eviction.
Rights and Remedies
It’s important to remember that the landlord has to follow terms of the lease or rental agreement, and they are abiding by the law to do so. If the landlord doesn’t, the tenant has a legal defense to an eviction lawsuit. For instance, the landlord who attempts to evict a tenant for discriminatory or retaliatory reason can lose the lawsuit if the tenant can provide the landlord’s illegal behavior you better catch up with being evicted or breaking a lease section around par state.
Consult with a lawyer
When it comes to eviction, it doesn’t matter if you are tenant or landlord, you have to hire a lawyer to represent you in court some lawyers offer an initial consultation for free, or at a reduced rate. Legal aid organization also offer legal help to people who qualify based on their income. If the landlord has a lawyer, the tenant also should get one.
If the landlord threatens you to evict because you took part in a pollical protest, speak with your lawyer and see whether its legal or not. Mid what sort of eviction information is put into credit reports and for how long it will stay there. You need to learn how does the eviction affects your credit score. If you don’t pay recent rent because you believe the landlord raised the rent too many times recently, you need to get a lawyer and file your case.
Author: Michael Wright
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