A Brief Guide to The Eviction Process


Sometimes it becomes essential for a landlord to use his right to evict a tenant. Tenants may be removed for non-payment of rent. But tenants can avoid the eviction if they pay all of the previous rent owed and interest and any late fees. You can avoid eviction by paying the rent within three days of receiving the 3-day Notice to vacate. Landlords should follow the eviction procedures in their rent contract or lease agreement, but they must also follow state and municipal laws to the letter.

Eviction Notice

Your landlord may want to evict you if you have not paid your rent or if you, others who live with you or your guests have caused excessive damage to the landlord’s property. Your landlord may send you a Notice to Quit your residence if you do a lot of damage.

If the owner is terminating your tenancy for non-payment of rent, he or she must send you a 3-Day eviction notice to pay rent or quit. If it is being terminated for more than one reason, there may be a totally different time frame for leaving. Your lease may include different periods for different violations, sometimes up to seven days or longer if you have no lease but a verbal agreement.

A landlord cannot lock you out, change the locks, or throw your belongings out. A tenant can be evicted only with an official court order. If you are evicted, the law provides you with some defense. We advise you to consult an experienced lawyer if you want to avoid eviction. If you don’t mind moving out, do so in three days to avoid the landlord filing the eviction lawsuit.

If You Are Incapable of Paying the Rent

If you are unable to pay the rent you owe, you have the selection of vacating the unit at any time in the 3-day timeline. It will stop the owner from taking you to eviction court, and you will avoid having an eviction case on your record. Provide a document to your landlord that you merely are vacating the unit. Then your landlord can inform their attorneys not to file the eviction case.

Keep Documents

Keeping all documents related to your rent payments or other essential papers protects you against wrongful eviction. Paying rent into a dropbox, or paying in money without getting a receipt from the landlord can leave a tenant liable to claims that the rent money was lost or never paid. Pay your rent by check whenever possible. If you do not pay the rent by check, you will be ready to use a money order.

However, take precautions to prove the quantity by photocopying the money order once you fill it out but before you move out from the property. Generally, it will take months for the money order company to provide copies if you request them, usually too long before the conclusion of the court hearing into eviction. For more information, read this site: https://expressevictions.com/banning-beaumont-eviction-lawyer/.

Your landlord needs to give a receipt upon your request, or you can prepare a receipt for the landlord to sign and date. If you pay in cash, the landlord should automatically issue you a receipt. You may also ask a third-party witness to come with you who can make sure that the rent was delivered and received.

Hire An Eviction Attorney

As with most legal matters, eviction cases are distinctive in nature and quality. An eviction lawyer would be of tremendous help if you need to negotiate what you perceive to be a wrong eviction. Since eviction is a legal proceeding, you would be better off with an experienced lawyer to represent you in court.

Landlords certainly need to be correct in serving the notice and responding to tenants’ actions with respect to the notice. And landlords must do it all according to the law. Anyway, finding a firm in your locality that has legal services for eviction cases is pretty easy nowadays because of ease of research on the Internet.

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