Speaking Eviction
If you’re renting instead of owning, you have to learn that there are an entire set of laws, right, rules and regulations – for landlords and occupants. This involves eviction, although the laws vary depending upon the state.
Lawful causes for eviction
First, realize that, depending on your state of living, the landlord may not have to have a cause for eviction. For example, a lot of jurisdictions in California have laws that state that the landlord doesn’t have to have a reason.
In other places, San Diego, for one, the landlord should have a reason after you’ve rented from them for two years. Before fighting eviction, get to know what the law is for your specific state.
Most states do have a set of legitimate causes for eviction. Some of them are the nexts:
• You didn’t pay rent.
• You violated some (or all) of the tenant/landlord agreement. This is a quite good cause to carefully read the rental agreement before signing it. Not understanding an agreement is not a legitimate excuse for breaching said agreement.
• You’re provoking damages to the rental, or are enabling somebody to stay that is causing damages to the rental. This contains the places around the rental, like the parking lot.
• You or somebody with you is a nuisance, spoiling the ease and enjoyment of your neighbors. This could be something as easy as playing your music too loud.
• You or someone with you is using the place for something illegal.
• You won’t allow the landlord to make repairs or inspect the rental.
Steps to Eviction
In general, a verbal eviction isn’t legal. In other words, your landlord can’t call or come over and tell you to get out. There are steps they need to produce, although, again, some are state-specific:
1. Written Notice – Depending on the reason for the eviction, landlords should give you a written notice advising you to vacate the property. The length of time you have to remove yourself is between 3 – 120 days; the causes, as well as state laws, are both factors for how long you have.
2. Legal Notice – A landlord can file Unlawful Detainer, stating that you have violated the time period of the rental agreement. This is a legal document, filed in court. If you receive a legal notice, do not ignore it. If the cause is nonpayment of rent, you have the possibility to pay the past due amount and remain in the residence, in most cases.
3. Being Served – Especially in cases that have gone to court, you may be served a ruling of eviction by a sheriff. Again, in most cases you have a set amount of time to leave.
Should you get an eviction notice, read everything attentively. You may not need to leave instantly, and there may be things you can do to fight the eviction. Educate yourself!
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