Debt and Debt Relief

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 renters. This contains eviction, although the laws differ 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 reason 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 has to 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.

The majority of states do have a set of legal reasons for eviction. Some of them are the nexts:

• You failed to pay rent.
• You violated some (or all) of the tenant/landlord agreement. This is a quite good reason to attentively read the rental agreement before signing it. Not understanding an agreement is not a legal excuse for violating said agreement.
• You’re causing damages to the rental, or are enabling somebody to stay that is causing damages to the rental. This includes the places around the rental, like the parking lot.
• You or someone with you is a nuisance, spoiling the comfort and enjoyment of your neighbors. This could be something as simple as playing your music too loud.
• You or someone with you is employing 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 lawful. In other words, your landlord is not allowed to call or come over and tell you to abandon the house. There are steps they have to follow, although, again, some are state-specific:

1. Written Notice – Depending on the reason for the eviction, landlords should give you a written notice recommending you to leave 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 get 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 situations 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 get out immediately, and there may be things you can do to fight the eviction. Educate yourself!

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