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Tenant filed chapter 7 on 9-29-10 and has not paid rent due on 10-1-10. Can I file an unlawful detainer for October rent and evict or do I have to hire a lawyer to file a motion lift the stay?
Wiki User
∙ 13y ago
Some states prohibit landlord actions for 10 or 14 daysafter the rent-due date. If your state is not one of those, the automatic stay only applies to creditors collecting for debts incurred prior to filing.
Wiki User
∙ 13y ago
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What happens after i receive a 3 day notice to vacate?
Once the tenant receives the notice, they have three days to vacate or the proceedings for the unlawful detainer begin.
What does Delayed access to Unlawful detainer mean?
UD means the judge agrees that the tenant owes rent. And if a judgment is granted, the tenant has to prepare to leave. I wonder if you mean Delayed Access to WRIT of RESTITUTION.
How long do you have to move your belongings out after being evicted in Illinois?
there are 2 stages to eviction; the judge grants an UNLAWFUL DETAINER first. If the tenant does not leave, the judge then, on application, will grant, 10 days later, a WRIT OF RESTITUTION. The sheriff will act on that in 1-5 days. [so, in 18 days max, the tenant will be removed physically]
In chapter 5 what do the owners of the land suggest the tenant farmers do?
In chapter 5 for The Grapes Of Wrath, the owners of the land suggest the tenant farmers to move to California.
Affirmative defenses in a forcible entry and Detainer action?
The question is not clear as to who is asking it. The landlord, or the tenant? Following is a complete definition of the offense. Read it over and draw your own conclusions. A Forcible Entry and Detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different if the property is residential or non-residential. The tenant/occupant must receive a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contract states otherwise. After the 5-7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a short notice period before a court hearing. The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer.
In chapter 5 what do the owners of the land suggested the tenant farmers do?
In chapter 5 for The Grapes Of Wrath, the owners of the land suggest the tenant farmers to move to California.
How does a landlord evict a tenant in California?
In order for a Landlord to begin the eviction process, California law requires all persons residing in the property be served with a notice. If the tenant doesn't voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court.Do not every use unlawful methods to vacate the rental premises. If the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant's damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.
How does a tenant evict another tenant?
In order to evict a commercial tenant, they have to had broke a rule in the contract. If they have done that, the owner has to file for eviction in legal court, from there they will receive their notice to leave.
What is an unlawful detainer?
an unlawful detainer action is part of the process of removing a tenant for non-payment of rent, failing to meet the terms of the lease, or refusing to leave the property. it is the third step of the eviction process: 1. notice to pay or quit served 2. tenant has three days to respond 3. unlawful detainer is filed in municipal court 4. tenant has five days to respond after being served 5. writ of possession granted 6. sheriff sends eviction notice and physically removes tenant if no response within five days (California Real Estate Principles, 10 E., Sherry Schindler Price)
If a tenant is breaking her lease what are your options as a landlord?
nothing realy unless you want to take her to small claims court and then even if you win you get nothing if she dosent work its a no winner sorry it has to be that way for landlords also this is for ny state so i dont no what state your in look at your state laws. In California, you have to act quick and send them a 3 day notice to quit or pay form. If that doesn't work, then you file an unlawful detainer lawsuit with the courts.
Steps to evict a lease to own tenant who contract is expired?
A lease to own tenant can be evicted from a property once their contract is expired if they have not completed the purchase. The steps to do this include establishing legal grounds for the eviction, providing the tenant with a notice of intent to evict, filing an unlawful retainer writ, and going to court.
In chapter 5 why do the owners of the land want the tenant farmers to leave?
here is the answer, Because the owners are losing money on tenant farmers. If I am wrong comment down below
