0
What else can I help you with?
Will an eviction be voided after the landlord accepts money once the eviction is finalized?
Not necessarily: this depends on how much money you have paid the landlord. If you paid all of the money you owed the landlord before hand and then your current rent, then the eviction is canceled. Please note that an eviction is complete when you are forced to move out of the apartment, not when the judge issues a writ of ejectment. This is because the landlord must take every step during the eviction process in order to proceed with it.
What are some common questions asked during an eviction trial?
During an eviction trial, common questions asked may include: Did the tenant violate the terms of the lease agreement? Was proper notice given to the tenant before the eviction? Did the landlord follow all legal procedures for the eviction? Are there any defenses or mitigating circumstances that could affect the eviction decision?
Notice of Eviction: What Comes Next?
Receiving a notice of eviction can be unsettling for many tenants. It is important to fully understand why the eviction notice was issued and what steps to take in order to remedy the situation. For many, the option to simply move in response to an eviction is non-existent. Fortunately, there is a legal process that must be followed during eviction proceedings, often allowing the tenants time to come up with a alternative to losing their home.Understanding the Eviction NoticeA landlord can legally serve a tenant with an eviction notice if the tenant has knowingly violated any terms of the rental agreement. The most common reason for eviction is failure to pay rent. Before filing a notice of eviction, the landlord must give tenants a "warning", usually in the form of a 72-hour notice. This notice gives tenants a chance to pay the past due rent or remedy other violations. If they fail to do so before the 72 hours elapse, the landlord may file the necessary documents with the court to begin eviction proceedings.What Happens During Eviction ProceedingsOnce the landlord has filed for eviction, a court hearing will be scheduled. It is important to note that if the tenant fails to appear at this hearing, the eviction order will be granted to the landlord by default. At the hearing, the landlord will show cause for the eviction and the tenant will have a chance to defend themselves against it. The judge will decide whether an eviction is warranted. It may be helpful for a tenant to consult an attorney during these proceedings, as there are many intricate laws and regulations to be considered. What Happens After the HearingIf the judge rules in the tenant's favor, the eviction notice is nullified and the tenants are allowed to stay in their home. They must continue to pay rent and abide by the terms of the rental agreement. If the ruling is in favor of the landlord, an eviction date will be set. A local sheriff or other law enforcement agent will arrive on that date to ensure that the tenants leave.An eviction notice is undesirable and can be easily avoided by ensuring rent is paid on time and the terms of the rental agreement are upheld. When an eviction is imminent, tenants must act vigilantly to prevent losing their home.
Can a landlord collect rent during an eviction?
If the landlord or representative of the landlord, such as an on-site manager acting on their behalf accepts any portion of the rent and they have already begun eviction proceedings, they will have to start over with the legal process if you are being evicted for not paying your rent.
How much would an eviction cost if you're trying to break your lease?
This is a good question. Breaking a lease generally means that you are moving out of the apartment before the lease ends. If you paid any rent in advance, such as the last month's rent, you may forfeit that and your security deposit. The specifics depend upon the terms of your lease and what you agreed upon at the time you signed it. Technically the landlord could sue you for loss of revenue during the time your apartment is vacant up to the time your lease would have expired (this rarely happens). But since you moved out of your apartment voluntarily there is no eviction. An eviction is a court proceeding in which your landlord is asking the judge to force you to move out of your home. This is generally for nonpayment of the rent or for serious or repeated violations of the lease terms.
What rights do you have after being served an eviction notice by the sheriff?
This does not invoke special rights to the tenant. The only basic right is that the landlord cannot harass you during this eviction process, and that the landlord cannot change the locks on your door until a judge signed an order stating that you must move. However, you must follow the instructions that are attached to the eviction notice. For example, in many states you must pay to the clerk's office the amount of rent you owe to the landlord in order to get a hearing date, or the judge may sign a default judgment for eviction. Also note that in most states the landlord has to take every step to complete the eviction process. For example, in order for a judgment to be issued against the tenant for eviction, the landlord must file a motion for this to happen.
Can a landlord keep you from having a temperature above 72 in your apartment in cold weather?
In most states, a landlord must provide a means to heat your home during extreme weather or climatology.
How many times can you be late while renting a home?
It's all up to the landlord: any time you're late on your rent you face the possibility of eviction. Some states may prohibit the eviction of a tenant during certain times of the year, for example, during extremely cold weather.
What is an opposition filing during an eviction process?
You're probably referring to an "answer", which is the tenant's response (including counterclaims) to the eviction complaint. If there was a reason the tenant did not pay rent, he would want to list the reason in his answer. He might also file "discovery', where he asks questions of the landlord.
When will your belongings be put outside of your apartment by law enforcement?
Law enforcement can place your belongings outside of your apartment during an eviction process after a court order has been issued. The exact timing can vary depending on local laws and the specific circumstances of the eviction. It is important to consult with a legal professional for guidance on eviction procedures in your area.
Can I live in my apartment during the 2 month penalty fee when I break my lease?
Yes, according to the law the tenant can stay in the apartment until the end of the legal process that precedes the eviction. However, your record would look better if you would appear to be a co-operative tenant. When you have been though an eviction, it is harder to find another rental.
What rights does a tenant have in an unlawful self help eviction by the landlord that led to great bodily harm and disability of the tenant that now faces lawful eviction and needs more time?
We have three different issues here: an illegal eviction, which appears to have been resolved; an allegation that the illegal eviction has resulted in great bodily harm and disability by the landlord; and that now the tenant needs more time (for what? I presume to find another dwelling). It appears that the illegal eviction has been resolved, or the tenant would not be living on the property now and need more time. So this issue is cleared. Next, the tenant claims that during the illegal eviction the landlord has caused great bodily harm and disability to the tenant. This is an issue that needs to go to civil court for remedy. Now, the tenant states he needs more time - I presume time to find another place, now that a legal eviction process has begun. If the eviction process has begun due to lack of payment, there is no time that the court will give you to remedy this situation: you must follow the court's procedures in answering this eviction. In Florida, this means that the tenant will have to pay to the clerk of your court the amount of money the landlord claims the tenant owes them, in order to secure a court date. If the pending process result in a new month, the tenant will have to continue to pay the clerk's office the money that the tenant would've had to pay the landlord. If landlord wins the eviction, they will receive that money minus 14%.
