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How to get started with an eviction case

Before the landlord can file an eviction case, he needs to give the tenant a written notice of termination. That notice is going to vary depending on the reason why the landlord has evicted a tenant. A tenant who doesn’t maintain any term of the lease get a 3-day unconditional quit notice to vacate or face eviction.

A three-day unequivocal quit notice may be used for an unlawful act, for non-payment of rent or sale of any controlled substance. A three-day notice is used for a lease violation such as having a dog or a loud party or something that breaks rules of the lease.

However, If the tenant has a month-to-month tenancy or an oral lease, the landlord has to give you 30 days notice to terminate the tenancy.  Tenant must be given a written notice even before the landlord files the eviction case. If your landlord fails to do that, then the judge will throw out the eviction until the landlord gives the tenant proper notice.

Here we’ll describe the Express Evictions notices. The one you’re going to use most in the non-payment eviction cases and many states have the quit or pay state statute. It is better to serve the notice in an envelope and keep a copy of it, knock on the door and serve the notice to the tenant.

The notice period of eviction can vary from state to state. While a five-day notice is available in Mississippi, a 30-day notice is available across Columbia. So they got 30 days in  Columbia, five-day in Mississippi, three-day both in Texas and  Wisconsin, etc.

The second type of eviction notice is breaking up the lease. Here’s an example, in Mississippi which is 30 days for a breaking of the lease notice. But it can be anywhere from three days to 30 days depending on what state you’re living in. So, the breaking of the lease notice is one where it’s about how they’re taking care of your property.

The third type of eviction notice which all 50 states have is the end of the tenancy. The majority of the states it’s a 30-day notice to end a lease. So, for instance, if you want them out before September first, then you need to serve the 30-day notice prior to the start of August. But there’s a couple of states that have an exception on that end of tenancy notice. In Florida to end a month-to-month tenancy, it’s a 15-day notice. In the state of Washington, it’s a 20-day notice. In Wisconsin, it’s a 28-day notice but the majority of the states to end a month tenancy.

Eviction process

There are five steps to the California Eviction Process. Here is the summary of it:

Step One

Notice to vacate:

It starts with a written notice posted on your door. Most commonly it is a three-day notice to pay or quit. It grants you time to pay your rent or leave the property. Some notices give you more time like five or thirty days.

Step two

Unlawful detainer:

If you have not paid the owner or landlord the amount within the time given on the notice previously mentioned. The owner or landlord can then file a summons and complaint. More commonly referred to as an unlawful detainer with the court. Where they are asking you to move out of your home. And in some instances pay back rent as well.

Step 3

Trial:

Once served with the unlawful detainer you have five calendar days to file your response with the court. Once your court trial date is set, you will have your day in court with the landlord. The judge will hear both sides arguments.

Step 4

Judgment:

The judge will make a logical decision after hearing arguments from both you and your landlord

Step 5

Eviction by sheriff:

If the judge decides on behalf of your landlord and you have not moved out of the property. The sheriff will post a 5-day notice to vacate on your door. If you still have not vacated the property after five days, the sheriff will move you from the property, by force if necessary.

If you have any questions about the whole eviction process, please consult the advice of Express Evictions. You can depend on their attorney’s.

Author Since: Oct 17, 2018

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