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Why would a tenant use a Writ of Assistance in a eviction hearing?
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Are eviction notices public record?
Answernot likely these thing are genaly stored for a while with a particular agent and goes no further. Answer The eviction notice would only become public if an eviction lawsuit was filed. In that case, the eviction notice would be an exhibit to the complaint for eviction.
Can eviction hurt your credit for life?
Most of the time it won't unless the managers or owner ran a credit check before you moved in, if so it would be listed as "public record" on your credit report because they had to file an eviction notice at the courthouse in order to get you out.AnswerThe actual eviction does not show up in the body of a credit bureau credit report. If a judgment for nonpayment is granted for unpaid rent or other cause, that judgment appears on the credit report under public records. The actual eviction will not. However, most landlords now use third party agencies to obtain the credit bureau credit information and combine it with court records(public information about filings, not just judgments.) Those 3rd party reports often include followup with former landlords. Thus the disclosure of evictions. Good luck!
What actions must be taken for an eviction?
According to the Relocation, Foreclosure and Eviction page on HUD's website: You should contact a local legal assistance provider for advice. More advice from FAQ Farmers: * Having been in the eviction business for 30 years now helping landlords evict tenants who refuse to pay has taught me one thing I would like to pass on to tenants; first, don't ignore the notice. If it is for non-payment of rent, figure out how you can pay and immediately contact your landlord to make arrangements to pay the rent. If the notice does not state a reason, then you should still contact your landlord and ask why you were given the notice. Landlords do NOT arbitrarily give eviction notices out. Most all have a legitimate reason (and you as the tenant probably know or have a good hunch why). Sometimes you can negotiate with the landlord and he will withdraw the eviction notice. However, if the tenant has caused too many problems and they are good reasons (not improper ones) for eviction, the tenant needs to immediately start looking for another place to live. Sure you can contact legal aid, but you must qualify (most tenants don't), or you could pay a small fee to a local attorney for some legal advice. The bottom line is that the landlord owns the rental and can ask a tenant to vacate as long as he is in compliance with state and any local (city) laws. Additionally, it is important to keep your landlord as an ally; you probably need him to give you a reference for your next landlord.
Can landlord evict tenant for moving in his girlfriend?
No, Its assumed residency. Doesn't matter, if its considered your home/residence, police can not remove without court order, evicting the subject.
Can a landlord evict a guest for a noise complaint if the tenant was causing the noise?
Yes. If a tenant is not in the habit of making a lot of noise then the landlord would not have much grounds to evict them. However, if a tenant is a problem for other renters, how a landlord evicts someone depends on the state in which he lives. Usually, a landlord could evict a person even if they have a lease for violating city codes for noise. A landlord would be wise to put such stipulations in their leases. This is based on the number of complaints the police receive concerning the noise or the number of complaints a landlord receives. In some states, all a landlord has to do is send a registered letter to the tenant notifying them of the complaint and that they are on notice to cease and desist or face eviction. If the tenant continues to bother others with their noise, then the landlord can notify the Sheriff's Department to evict the tenant. Of course this will not prevent the tenant from taking the landlord to court. This is why the landlord needs to keep good records and copies of police reports concerning the tenant to use in court.
What if the tenant does not leave date stated on notice to quit?
The tenant would have to leave after an eviction, which is why a sheriff officer observes the whole process of the tenant removing their possessions out of the property and the landlord changing the locks to the property. If they do not remove their possessions, they generally become your property (under normal conditions).
How much it will cost you to evict a tenant?
There are many factors to consider when calculating the cost of evicting a tenant. In landlord utopia (that is, where you have a tenant who works for the government and drives a Bentley with Gucci seats) the cost of the eviction is technically nothing--you would be awarded a judgment against the tenant for all your costs (if you win your case). The tenant would then have to pay you. Absent a utopian tenant, you will end up with a judgment that can't be collected for years (if ever).These are the costs of eviction* Preparation of eviction summons and complaint*Cost to attend court hearings or cost to hire attorney to represent you in court*Eviction lawsuit filing fee*Trial preparation (if the eviction is contested)*Sheriff's Fee (to evict the tenant)*Lost rent (while the eviction is pending)*Moving and Storage Fees (if the tenant does not object, you must store the tenant's property according to law)I have not put dollar amounts in because they vary from state to state. A landlord's group in your area can give you the specific dollar amounts for eviction in your state. Please see the Related Questions below for more information.
Can someone be evicted in court despite having moved due to constructive eviction?
If the court agreed that there was constructive eviction, then it doesn't make sense they would support a landlord's pursuit of eviction. The tenant should present to the court the basis of the claim of constructive eviction.
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.
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%.
How do you get squatters out?
You would need to file a lawsuit against them for a legal eviction. I strongly advise that you retain an attorney to do this. If you win your lawsuit, then the sheriff will forcefully remove them from the premises.
What is the procedure to process a three day eviction notice to a tenant?
This would probably be a weekly tenancy due to the short notice. Most notices require 30 to 60 days notice to terminate a tenancy, depending on the jurisdiction. A legal eviction requires the landlord to document failure to pay rent, or an ongoing lateness in payment of rent by the tenant. He would then apply to the court for a motion to pay rent or quit. Once the documents are signed, they must be delivered to the tenant, or posted on the door of the tenant's domicile. If this provokes no response; the landlord may then file for a notice of eviction.
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 are the ramifications for locking out tenant of 3 months in California?
In most states if a landlord locks out the tenant for any reason, or forces the tenant to move out by turning off utilities or any other means than to start eviction proceedings in court, the landlord could be arrested for illegal eviction. They would generally be liable for the damages cause by wrongful eviction including possibly having to pay for the interim accommodations of the tenant until they can find another place to rent, storage of the tenants household effects, return of the security and damage deposits (having forfeited them by the wrongful eviction), if not triple damages, court costs and lawyer's fees of the tenants.
Is Section 8 responsible for tenant damage to real property?
HUD and the housing authority are not directly responsible for any damages caused by its client tenants. If the tenant damages property, you have the right to evict him just as you would any other tenant. If you take the tenant to court and win the eviction, the tenant will lose his voucher permanently.
Can you get a sample letter to the tenant that rent will be collected from somebody else?
This sounds sort of like an eviction letter - the only reason why your tenant would care if you are collecting rent from somebody else would be if that other person is going to replace him or her as your tenant. If you want a sample letter of eviction, it really should state the reason for the eviction, which does not appear in your question. Just make your statement as clearly and simply as possible. Hypothetically, you might be saying Dear Mr. Smith, Due to your failure to pay rent for the past two months, you will be required to move out as of the end of August, at which time another tenant will be moving in. Yours truly, Mr. Jones.
Can you sue your apartment complex for overpayment?
A tenant would file a law suit to get damages, to get something they are due that the landlord won't give them. If the landlord is overcharging, then the tenant would simply not pay the over-charge and tell the landlord this in writing with an explanation. If the landlord tries to evict, the tenant has a chance to explain in court why the eviction is wrong. If the judge agrees, the eviction will be denied. If the judge agrees with the landlord, then they decided you were wrong to think you were being overcharged.
