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What else can I help you with?
What happens to the unlawful detainer summons if you already vacated the house long before the unlawful detainer was filed in court?
My guess is that it would be mute. Nothing.
Is an unlawful detainer the same as an eviction?
No. Not technically. An unlawful detainer is the name of the pleading filed in order to eventually obtain an eviction, which is where the law comes and puts you out of your landlords property. In law words have very specific, individual meanings. Sometimes lay people use these legal words interchangeably, thereby unwittingly making "unlawful detainer" have the same general meaning as "eviction." In other words unlawful detainer is a piece of paper, and eviction is the physical act of the authorities putting you out and your landlord back in. Thanks.
Can an unlawful detainer be removed with bankrupcy in ca?
In California, filing for bankruptcy can potentially halt an unlawful detainer action due to the automatic stay that goes into effect, which temporarily prevents creditors from pursuing claims against the debtor. However, bankruptcy does not automatically eliminate the eviction; it may only delay the process. If the eviction is based on non-payment of rent, the landlord may seek relief from the stay to proceed with the eviction. Ultimately, the outcome depends on the specifics of the case and the type of bankruptcy filed.
Can a creditor contact your landlord after you filed bankruptcy?
Yeah. It's called you being a dumbarsh.
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?
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.
What does happen if a landlord keep on taking rent even if the landlord had filed for bankruptcy himself?
The landlord's bankruptcy has nothing to do with the tenant. The tenant still owes the rent.
Can past due rent be filed under bankruptcy?
Yes, but the landlord can evict you for nonpayment.
Can a landlord file a Writ of Possession if he never filed for eviction?
No, a landlord cannot file a Writ of Possession without first obtaining a judgment for eviction through the legal eviction process. The Writ of Possession is a court order that allows law enforcement to remove a tenant from a property, but it requires that the landlord has formally filed for and received an eviction judgment. Without this prior step, the landlord does not have the legal standing to file for a Writ of Possession.
Can my ex-landlord collect unpaid rent during my bankruptcy I no longer live there discharge was July rent due was for June?
Not if you listed your landlord as a creditor on your bankruptcy petition and that there is excess property to pay your landlord after secured creditors and your exemptions. Unpaid rent is an unsecured debt. If a judgment lien is filed, you can avoid it if filed shortly before bankruptcy filing.
If a landlord filed an eviction then dropped it before the court date is it still on the renter's record?
No. But it may still be in the court records forever, filed under the names of the parties.
How do you sue your old landlord who forclosed on the property you were renting so that you can get your deposit back after he has filed for bankruptcy?
Get a lawyer
How can you find out when the last time was you filed for unemployment?
Contact the employment security office you filed a claim with.
