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.
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].