Evictions occur daily, with some unjustified. Many lack awareness of the eviction process and their rights.
An ouster notice, usually a formal letter, warns tenants of lease violations and eviction start date.
If you receive an eviction notice, wonder about legal involvement. Need varies by location; notice might be a letter or court summons.
Landlords must adhere to eviction rules, granting tenants rights to contest. Hire a lawyer if unjustified, for assistance.
Remember, a lawyer’s worth depends on necessity. Uncomplicated cases may not need one.
However, if facing unfair treatment, discrimination, or scams, a lawyer becomes vital. This article covers eviction insights. Keep reading.
When To Get A Lawyer
Reasons for needing a lawyer in eviction include unjustified removal, faulty lease terms, misunderstandings, disputes like property damage or rent nonpayment.
A lawyer is vital if discrimination is suspected, especially for protected classes (race, religion, etc.), as legal safeguards exist.
Understanding tenant rights involves grasping the eviction process. Not all evictions are valid, making defense feasible.
Eviction starts with proper notice from landlord.
Premature notices are invalid. For month-to-month tenancies, 30 days’ notice precedes court filing.
Landlord files complaint, summons received, stating hearing details.
Reason for eviction provided.
At hearing, both sides present cases.
Landlord justifies removal; tenant defends. Judge decides.
Valid eviction means vacate and pay.
Unjustified allows staying and seeking compensation.
The Role Of A Lawyer In An Eviction Case
Even if innocent, a lawyer’s expertise is valuable. Landlord needs proof for removal; lawyers ask right questions.
Legal unfamiliarity risks rights violation; lawyer ensures credibility.
Discrimination needs legal representation; aid available for some cases.
What Are The Common Reasons For Eviction?
While every situation is different and will vary depending on where you live, there are a few common reasons people get eviction notices. They include:
Non-Payment of Rent
This is the most common reason for eviction, but it’s also one of the easiest to fight. If you can prove that you did pay your rent in full, then it’s likely that the judge will rule in your favor.
Breach of Contract
When you sign a lease agreement with your landlord they are agreeing to provide certain services (i.e. keep the property safe and habitable, maintain common areas, etc.).
If you violate any of these provisions your landlord can take legal action to ensure they receive compensation for damages. This can also include having pets if your contract doesn’t allow it.
Use of Property
Landlords can evict tenants if they have been using their home in a way that violates the terms of their lease agreement or local laws (i.e. if you start running a business out of your apartment or allow too many people to live there).
Lease violations If you are in breach of your lease agreement then your landlord can issue a notice. These violations include having pets when none are allowed, playing loud music at night, etc.
Disturbing the Peace
Most leases will have a provision about disturbing your neighbors.
If you engage in any activity that is considered illegal or dangerous, then your landlord can have you evicted if they take action against you for this reason.
What Are The Consequences Of An Unjustified Eviction?
After judge’s ruling, notification follows.
Legal eviction stands, but wrongful eviction ruling benefits you.
Unjustified eviction might make landlord pay damages and court costs, risking license loss.
Consult a lawyer for eviction notice concerns.
Lawyers aid in understanding law, rights, and damage protection or debt reduction.
How Long Does An Eviction Process Take?
Its duration varies due to state laws.
Some states need court approval, some don’t.
Skilled lawyer expedites wrongful eviction fights.