HOW TO STOP EVICTION




The subject of this post is the way to stop eviction. The best way to stop an eviction is by preventing it altogether. But, that is not what anybody wants to hear, because, more frequently than not, it is too late to avoid the eviction. So, the question remains... "How to stop eviction." Before we discuss ways to prevent any sort of eviction, we will need to look at the reason for eviction. This is essential, since the reason for the flooding, whether it's for "non-payment of lease," or "termination of tenancy," or any other reason, makes a difference in the way to go about stopping the eviction.



First, what's the reason for flooding? There are several reasons, or "causes," of eviction. The following is a list of the three most common causes for eviction:

� Non-payment of lease;

o Eviction based on rent not paid in time or at all. Usually, a 3-day notice to pay rent or quit (move out) is served. The renter has three days to cover the rent in full or move out.

� Breach/violation of rental contract;

o Eviction based on violation of rental agreement, and/or public law. Usually, a 3-day notice to cure/perform or quit is served. The tenant has three days to "cure" (correct/resolve) the matter or move out. These can be for many different issues related to breach of rental agreement, but could also be for violating the law, like robbing a neighbor.

� Termination of tenancy.

o Eviction based on expiration of lease or landlord's written notice quitting (terminating) tenant's lease. Usually a 30 or 60 day written notice is served. The tenant must vacate the premises upon expiration of the notice. Rent is still required to by paid during the notice period, and if a tenant doesn't pay rent the landlord can come back and serve a 3-day notice to pay or quit.

If a tenant is not able to comply with one of these notices (e.g. unable to pay rent, unable to move out) then the landlord has a "trigger" of action to proceed with an eviction suit. The landlord must file an eviction lawsuit (known as a unlawful detainer in court) and receive a judgment in court to have the lawful right to possess tenant removed from a property.



STOP EVICTION OF EACH CAUSE


Obviously, complying with some of the notices will stop eviction.

� Non-payment of rent (3-Day Notice):

o Show proof of payment, or reasons to not pay rent, like making repairs the landlord neglected, showing that there have been excessive overpayments previously, or conditions that produce the rental unit "un-tenantable." If a tenant is residing in an illegal unit, they may also stop paying rent, or use that as a reason rent was not paid.

� Breach/violation or lease contract (3-Day Notice):

o Show proof of mistake or compliance with breach prior to notice. Show that breach hasn't been enforced previously or with other tenants.

� Termination of tenancy (30/60 Day detect)

o For some municipalities, terminating property by landlord is illegal... check if your property is under "rent control," or "eviction control." Another means is by showing that the termination notice was served in retaliation for making complaints to the landlord or a public agency (e.g. home department, health department).

These are a few of the most basic methods to stop eviction. All of these methods need solid proof with comprehensive information to be effective, particularly in court. There are many articles and blogs online that describe a number of these procedures, but the quantity of proof required to prove these approaches is more than portrayed.

To get more detailed information, check out this article on stop eviction.

The material provided here isn't meant as legal advice and is just intended for information purposes. The information may be inaccurate or outdated. For legal advice, consult with an attorney in your area or jurisdiction.
http://www.courts.ca.gov/27812.htm
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