Eviction

We may be a group of Bankruptcy Attorneys, but we know a lot about eviction as well. We’re hoping this article is very informative. We always recommend you to contact us if you have any questions, and we’ll be glad to offer our help.

Eviction

Eviction is when a landlord tries to force a tenant to move out. Usually eviction is the result of the tenant not paying rent. Most landlords will try to scare you into moving out without following the proper eviction procedure. They know what a hassle and how expensive it can be to lawfully get an eviction. It is important that you know what the eviction process is, what a landlord can’t do, and what to do if you find yourself being evicted. The first step is not to be intimidated by the landlord and that comes from understanding the eviction process.

The Eviction Process

Eviction starts with a notice from the landlord requesting you move out. If you don’t the landlord must file an unlawful detainer lawsuit. Unlawful detainer lawsuits are considered “summary” cases and move quickly once filed. The tenant usually has only 5 days to respond and dispute the case. If you do nothing you will have about thirty days before you are locked out by the sheriff. Because eviction lawsuits move so fast it is important you contact an attorney right away if you feel you should not be evicted. In the meantime you should know what the landlord can’t do in an eviction.

What the Landlord can’t do in an Eviction

A landlord must follow court procedures. They can’t try to force you out on their own. Things that are off limits include:

• Trying to physically remove you from the property
• Cutting of utilities like water, gas, or electricity
• Make it impossible to live there by remodeling or removing doors and windows
• Have the police or sheriff arrest you
• Threaten to turn you into law enforcement or immigration
• Seize your property to try and get you to leave
• Lock you out without following proper court procedure

If a landlord does any of the above he can be sued for liability and forced to pay $100 a day for each day the wrongful eviction was carried out. However, what do you do if an unlawful detainer suit is filed against you?

What to do if an Unlawful Detainer Suit is filed against you

First, contact our offices immediately. Remember, you only have five days to respond and dispute the eviction, so it is important you act quickly. Second, don’t let the landlord intimidate you with the threat of eviction. Finally, if you feel you are going to lose the unlawful detainer lawsuit use the time to get your things together and find another place to live. If the judge finds in favor of the landlord you will have five days to voluntarily move. After that the sheriff will be sent to physically remove you and lock you out.

When it comes to eviction landlords often violate the law to avoid the trouble and cost of following a proper eviction. If you feel this is the case with your eviction contact the Stephen H. Kim Attorney at Law immediately. You have rights and my well trained staff is here to help. Call us today at 1-831-221-5022.