Once you have been issued with an eviction notice form, you are required to stay calm. An eviction notice is something that no-one would wish for, however after receiving it, you should not sit and do nothing about it, you should be quick to think a way out. Reclamation process also needs to be started since this is the time where financial difficulties may check in. this is the time you need to be a shrewd thinker and see among the various options which one can help you get over the lines in terms of eviction.
Eviction Notice Form
The one option you can seek once you have been issued with a foreclosure or an eviction notice form is a rapid-sale. It permits you to sell your home and settle your debts. If you are looking for a complete solution without putting much effort, then a rapid-sale can be an actual way out, this may sound too simple and hard to believe to some you. This one of the options you can rely on, if you are looking for ways to avoid the eviction which is never too late to do so.
After receiving a 3 day notice, you should not give up on coming up with a solution. It is best required for you to respond to the notice instantly, and then look for professional services. You need to keep in mind that being too cautious about everything will not be of help at this time. The eviction process can become too stressful for you to handle, however, if you consider the above mentioned factors, then the whole process will be streamlined. Accordingly, suitable legal services can be of help for you to overcome all the difficulties related to eviction and foreclosure.
Eviction is where the landlord can lawfully get you to move out. You stay put if you win. If you do not try and defend yourself and lose, you will have only a month from the filing of the eviction lawsuit before you will be locked out by the sheriff. When you try to defend yourself by doing something, even if you lose, you may end up getting more time like 2 to 5 months. Our record is one year 2months, and it could have been longer. The landlord gave up over $8,000 in back rent just having the tenant leave, so we settled for that.
How an eviction begins is by an eviction notice form, and then followed by a lawsuit known as “unlawful detainer” aka UD as the initials. If you succeed, you stay in possession and the landlord has to refund you for your legal expenses. On the other hand, if you lose, you are given a 5-day notice before a lockout by the Sheriff and finally you evacuate. Once you are locked out, you can go back and get your stuff. During this process, you pay no rent, you still owe it, but it stays with you whereby you can use it now to pay for your legal expenses to fight the eviction (thanks to the Landlord!) and to pay for your moving expenses if you are in need to do so.
Landlords aim is to try and scare you into moving, and not fighting it. This is for the reason that they know how much bother you can give them and how costly it can be to evict you. Below are the common myths:
(1) The landlord CANNOT lock you out, remove your property, remove doors or windows, or turn off utilities to get you out, in lieu of court; Civil Code 789.3 prohibits that [for residential tenants] and makes the landlord liable to you for actual costs plus $100 per day that it continues, and the police will back you on this one [Penal Code 484].
(2) The landlord CANNOT have the police or Sheriff arrest you for overstaying your welcome, instead of going to court. The Sheriff may be used to serve the eviction papers, but anything beyond that awaits the court’s determination, first.
(3) The landlord CANNOT barge in and start doing major construction to make it impossible to live there, or otherwise interfere with your quiet enjoyment to force you out; Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, too [Penal Code 484].
(4) The landlord CANNOT threaten to report you to immigration authorities or other law enforcement, nor make any other threat to get you out. Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, as well [Penal Code 518].
The most ideal way to put yourself out of this trouble is by selling your house immediately, especially when you are mixed up and don’t know what to do. You will not be able to sell your home due to legal constraints, if the legal process is commenced; this is why you need to be able to sell your home before it happens. The mortgage amount overdue can become a disaster, however, during the entire process you need to be composed. You are required to act immediately, once you are issued with a 3 day Notice to Pay or Quit. Or else, you may find yourself being issued with an eviction notice form to vacate. With this in mind, it is vital for you to act shrewdly and an instant response to the court’s letter must be made.
Do not take the 3 day notice for granted because it is important. Regardless of having taken care of the legal matters, you should also respond to the notice immediately to avoid legal penalties. Abiding the law is the first thing you should put in mind, since the eviction related matters can be complex and doing so, will help you get things done without much hassle. Make sure that you act immediately towards the notice you have received from the court if you do not want things to go haywire for you. A professional can also explain to you other few strategies that can help you delay the courts proceedings.
If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and includes a time period to either comply with the notice, if possible, or move out of the rental unit. In California, you could receive one of four types of eviction notices, depending on the reason for the eviction:
Three-day notice to pay rent: With this notice, you have three days to pay rent or move out of the rental unit (see Cal. Code of Civ. Proc. § 1161(2)).
Three-day notice to cure: With this notice, you have three days to fix a lease violation (see Cal. Code of Civ. Proc. § 1161(3)).
Three-day unconditional quit notice: With this notice, you must move out within three days (see Cal. Code of Civ. Proc. § 1161(4)).
Thirty-day or 60-day notice to quit: This notice can only be given if you have a month-to-month rental agreement. If you have lived in the rental unit for less than one year, then you will receive a 30-day notice to quit, which gives you 30 days to move out of the rental unit. If you have lived in the rental unit for over one year, then you will receive a 60-day notice to quit, which gives you 60 days to move out of the rental unit (see Cal Code of Civ. Proc. §§ 1946 and 1946.1).
It is important to note that an eviction is a legal proceeding, and you are not automatically evicted when the time period stated in the eviction notice runs out. If you did not comply with the eviction notice, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until then, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.