I live in Pennsylvania and just rented an apt about a month ago, on a month to month lease. When we moved in the front door had a flimsy bathroom door knob with a spring lock. My husband changed it to a sturdier lock to protect our home. We both work and are considering adding renters ins to our belongings as we have a good many assets, such as brand new furniture, pcs, laptops and flatscreens. Can our landlady demand the key to our door? If she wants to have access to the home we have no problem in receiving enough notice as we both work for her to come through. However, how often is reasonable for her to come view our home? Last time she came in only my husband was here who doesn't bother with people, really, and she told him to remember that this was still her home and we couldn't lock her out of it.
What are our rights? Does she have a right to the apt keys? and how often can she come through to %26quot;inspect%26quot; the home? I think she is nothing but a busybody that just wants to have control over her tenants, as the girl next door can be heard vacuuming every day and when we moved in she ran out to tell the landlady how she had been vacuming and trying to return the vacuum to the landlady.
thank you for anyone who can help us make sense of this because if not I'm moving in a couple of months.
Can my landlady visit us unannounced? Can she demand a copy of the keys for a changed lock?
Sorry, yes. Just give her a copy of the current key and then have it re-keyed again. If she finds out about it ask her how she knows the key no longer works.
They need to be able to get in in order to handle any emergencies such as broken pipes etc. Its more than likely its in the lease, it's standard.
You could bet a cheep wireless on ebay for $40 bucks that will give her a START and you eill be able to tell if any one come in while you were gone.
I don't like to give out keys. So be creative.
Can my landlady visit us unannounced? Can she demand a copy of the keys for a changed lock?
Yeah she can or she can kick yo but out
Yes, she can demand a copy of the new key, since you changed the lock. The law is on her side with that one. With giving you notice, each state is different, but most states will say that the landlord needs to give you 24 hours notice first. I had this problem once, and I wrote a letter to my landlord stating that he needed to give me 24 hours notice before he came into my apt. and it stopped. She shouldn't be in your home except to change air filters or if there is a problem that you have reported.
She does have a right to the apartment keys but she does not have a right to come in unannounced. Depending on your state she has to give 24 hours or a week's notice before she enters the apartment.
The landlord has a right to a key, they need it in case of flood or fire.
They don't have a right to come in when you aren't home except with proper notice. They have no right of inspection that I know of. They have a right to do things like adding a smoke detector when it didn't have one but you have a right to peaceful enjoyment of your home. If you have a flood or fire or something along those lines they will come to try to prevent more damage, but you would understand that.
regarding the amount of notice she needs to give you before entering the apartment, you should check the renters laws for pa or your lease agreement, preferably both.
she absolutely is permitted to have copies of the keys, it is her property after all. she may need access in case of an emergency, i.e. fire, plumbing leak, etc.
she very well may be a busybody as she may not have anyone to talk to.
She has to give you a 24 hour notice to inspect and she can ask for copy's of your door key.However,she ,under any circumstance has no right to enter your home without your permission unless it is an emergency.Not even a cop can enter your home without a warrant.Personally,I would move if I had to live with a nosy busybody!
The landlady has a legal right to the key to the door.
However, she has to have a legit reason to enter the property. Inspecting the property can work once or twice but after that is too much. As a landlord, I usually walk thru the rental properties about once a year or so for my long term renters.
1. You NEED to add renter's insurance. It's too cheap not to....and she is not responsible for providing you a place to stay or replacing your things in the event the place burns down. That should be enough to convince you.
2. Yes, she CAN have a the key to your front door b/c you rent, she owns, and you cannot deny her access to her own property. If you don't, she can have the locks changed without your permission, provide you with a new key, and probably charge you around $150 for the ordeal.
3. She can come over to inspect the property, for any non-emergent reason, with a 24 hour notice, and it does NOT have to be written. Any more than once per month, I would consider excessive....if she comes over without it being an emergency, that is considered breaking and entering. Landlords can and do go to jail for that.
4. She does not have to give you a notice if it's an emergency.
PA Landlord/tenant laws do NOT have a statute on the ability of the landlord to enter the premises. The landlord is NOT required to give notice unless a clause is in the lease regarding such.
Tuesday, October 25, 2011
Can I evict my ex-boyfriend if he is on the lease with me? How do I go about doing that? We live in California?
We split about a week ago. He refuses to give me his key to the house because he is on the lease. He comes and goes as he pleases when I'm not home. Do I need to ask my landlord to evict him or can I do that myself? I am about to change the locks, is that legal?
Can I evict my ex-boyfriend if he is on the lease with me? How do I go about doing that? We live in California?
No, you cannot! Your landlord must go thru a legal process.
The landlord - tenant agreement is between the landlord and your ex-boyfriend and has nothing to do with your breakup. (two entirely separate different issues). Therefore any action pertaining to obtaining his key or changing locks on the door should also be accomplished by the landlord. The landlord must be justified legally to evict and serve notice to your ex so if your boyfriend is no longer contributing to the rent, theres his/her justification.
Can I evict my ex-boyfriend if he is on the lease with me? How do I go about doing that? We live in California?
he on the lease nothing the landlord can do
No, you cannot. You however can ask to break the lease with him and leave if you so desire. I would first check your lease on costs to break it. Sorry
go downtown and file for an eviction
Yes, changing the locks is illegal. If he's on the lease you have no legal right to evict him.
Can I evict my ex-boyfriend if he is on the lease with me? How do I go about doing that? We live in California?
No, you cannot! Your landlord must go thru a legal process.
The landlord - tenant agreement is between the landlord and your ex-boyfriend and has nothing to do with your breakup. (two entirely separate different issues). Therefore any action pertaining to obtaining his key or changing locks on the door should also be accomplished by the landlord. The landlord must be justified legally to evict and serve notice to your ex so if your boyfriend is no longer contributing to the rent, theres his/her justification.
Can I evict my ex-boyfriend if he is on the lease with me? How do I go about doing that? We live in California?
he on the lease nothing the landlord can do
No, you cannot. You however can ask to break the lease with him and leave if you so desire. I would first check your lease on costs to break it. Sorry
go downtown and file for an eviction
Yes, changing the locks is illegal. If he's on the lease you have no legal right to evict him.
What do you do if you lost your door keys ?
I have just recently lost the keys to my home, and I don麓t know what to do! I am so afraid that someone is gonna find the keys and come and open my house, seriously. Is that possible if you don麓t know the number of the house, to come and break in to it ? I can麓t change my locks, cause it costs too much right now. So do u think i am axagerratin or how whould u feel if u lost them ? If someone has been in this situation, please tell me how you delt with it.
What do you do if you lost your door keys ?
I would feel the same and would lose sleep until my locks were changed or my keys were found.
If you have a door that doesn't need locking from the outside, check for certain that the keys are not somewhere in the house. Then check everywhere that you could possibly have left them or ask if they have been handed in anywhere you have been and at the police station in case they were handed in. The police can also advise you. If you do not find them, then I would strongly recommend borrowing the cash to change your locks. It is unlikely that your keys are in the hands of someone who knows where you live but that would not give me peace of mind. Also, if they are used, you may find that your house is not insured. Check your home contents policy or directly with the insurer, some insurers include replacement of locks in this situation.
Best of luck and I hope it is sorted soon.
What do you do if you lost your door keys ?
Well, I called the locksmith and paid whatever it took. Even if I couldn't afford it at that time (I did manage, though) because my peace of mind was worth every penny.
Same goes to you, I guess.
Go to walmart and buy some cheaper locks to replace until you can afford to buy a good one.
You break down the door then pay for it...............Duh! Try using a sledge hammer.
If there's no ID, then I doubt anyone would be able to figure out what house to go to. You can get a new lock dirt cheap, sometimes for under $10.
If your address was not with the keys anyone finding them would not know to what door they belonged.
If you think they could know your address, then borrow the money to get your lock changed. It's relatively cheap and simple to change the lock and worth the peace of mind.
its only u who knows tt that key fits into your house. if u didnt lose it in the vicinity of the home or around your office/colleagues - no worries. someone getting it wont know wh door it will fit. so when u can afford it, change it.
so pl remember where / when u lost it? hv u changed it? u got a spare one?hair bands celebrities myspace
What do you do if you lost your door keys ?
I would feel the same and would lose sleep until my locks were changed or my keys were found.
If you have a door that doesn't need locking from the outside, check for certain that the keys are not somewhere in the house. Then check everywhere that you could possibly have left them or ask if they have been handed in anywhere you have been and at the police station in case they were handed in. The police can also advise you. If you do not find them, then I would strongly recommend borrowing the cash to change your locks. It is unlikely that your keys are in the hands of someone who knows where you live but that would not give me peace of mind. Also, if they are used, you may find that your house is not insured. Check your home contents policy or directly with the insurer, some insurers include replacement of locks in this situation.
Best of luck and I hope it is sorted soon.
What do you do if you lost your door keys ?
Well, I called the locksmith and paid whatever it took. Even if I couldn't afford it at that time (I did manage, though) because my peace of mind was worth every penny.
Same goes to you, I guess.
Go to walmart and buy some cheaper locks to replace until you can afford to buy a good one.
You break down the door then pay for it...............Duh! Try using a sledge hammer.
If there's no ID, then I doubt anyone would be able to figure out what house to go to. You can get a new lock dirt cheap, sometimes for under $10.
If your address was not with the keys anyone finding them would not know to what door they belonged.
If you think they could know your address, then borrow the money to get your lock changed. It's relatively cheap and simple to change the lock and worth the peace of mind.
its only u who knows tt that key fits into your house. if u didnt lose it in the vicinity of the home or around your office/colleagues - no worries. someone getting it wont know wh door it will fit. so when u can afford it, change it.
so pl remember where / when u lost it? hv u changed it? u got a spare one?
How do I get the weather section of the yahoo home page to change and locked into my home town.?
hold your mouse over the weather and when the drop down box appears enter your zip/post code
How to get rid of awkward tenants?
What is the best and quickest way of getting rid of tenants that are giving you a lot of grief and headache and are behind few months with there rent can i just change the locks and through there stuff out when they are not home?
Many thanks to all of you who reply and i hope you have a happy new year!
How to get rid of awkward tenants?
No you can not change the locks and throw out their stuff. You need to send them a written notice of eviction in 30 days (this may be 60 in your state and you need to check those rules). When hat time passes you get the police to come and evict them.
However, if they know the system they know they can tie your place up for months on you. Most know or know someone who knows the system.
Good luck
How to get rid of awkward tenants?
Have you both signed a Tenancy agreement? Are they in breach of their contract? Tread carefully as they have rights.
there's a think called the landlord and tenant act in your area and there are actual guidelines in there as to what is appropriate to where you live.
There are agencies for landlords that have templated letters that can be used that are appropriate for your area.
If you've not been paid ~ things could be straight forward in getting them evicted. Just follow the proper procedure and then you'll have done all that is necessary should it come to calling the Sheriff and having them physically taken out of the property.
Are they on a lease? If so, you can give them 30 days notice to get ALL their past due rent paid up, and if not, start eviction proceedings against them.
No ur best to do this as sensibly and as professionally as u can! if u throw all thr stuff out u could get urself into alot of trouble and worse case scenario u could be sued! If i were u id just send them a letter stating that they are being evicted because they have not payed rent, u can also state that u want that rent and will take legal action if u dont get it. thrs no need for u to explain urself ! Hope i helped!
You are a landlord yet you don't know the correct procedure!!!
No you cannot do what you mentioned.
suggest you look the rachman act
Peter Rachman (1919鈥?29 November 1962) was a London landlord in the mid-20th century, active in the Notting Hill area in the 1950s and 1960s. He became so notorious for his exploitation of tenants that the word %26quot;Rachmanism%26quot; entered the OED as a synonym for any greedy, unscrupulous landlord.
Contents [hide]
1 Career
2 Personal life
3 Bibliography
4 References
[edit] Career
Rachman was born Perec Rachman in Lvov, Poland in 1919, the son of a Jewish dentist.[1] After the German invasion of Poland in 1939, Rachman may have joined the Polish resistance.[2] He was first interned by the Germans and, after escaping across the Russian border, was interned in a Soviet labour camp in Siberia where he was very cruelly treated.[3] After the Germans declared war on Russia in 1941, Rachman and other Polish prisoners joined the 2nd Polish Corps and fought on behalf of the Allies in the Middle East and Italy. After the war he remained with his unit, which remained as an occupying force in Italy until 1946 when they transferred to England. Rachman was eventually demobilised in 1948 and became a British resident.[4]
In England Rachman built up a property empire in north London consisting of more than one hundred mansion blocks and several nightclubs. He operated from an office at 91-93 Westbourne Grove, in Bayswater, and the first house he purchased and used for multi-occupation was nearby in now-fashionable St. Stephen's Gardens, London W2. Adjacent areas in Notting Hill (W11), including Powis Square, Powis Gardens, Powis Terrace, Colville Road and Colville Terrace were also early areas where he subdivided and let rooms, initially often for prostitution. Much of this area south of Westbourne Park Road, having become derelict, was compulsorily purchased by Westminster City council in the late 1960s and demolished in 1973-4 to make way for the %26quot;Wessex Gardens%26quot; estate.[5][6]
In order to maximise his rental from his properties, he is said to have driven out the, mostly white, sitting tenants of the properties he owned in Notting Hill, who had statutory protection against high rent increases, and then to have packed the properties with recent immigrants from the West Indies. New tenants did not have the same protection under the law as the sitting tenants had possessed, and so could be charged any amount Rachman wished. Most of the new tenants were Afro-Caribbean immigrants who had no choice but to accept the high rents, as it was difficult for them to obtain housing in London at the time due to the colour bar. Indeed, Rachman's reputation, which he even promoted in the media, was initially as someone who could help to find and provide accommodation for immigrants who otherwise would find it difficult.
According to his biographer, Shirley Green, certain elements of the traditional story about Rachman, such as the use of violence to drive away the sitting tenants, may be mythical, and more devious methods were used, such as relocating the protected tenants in a smaller concentration of properties or buying them out, in order to minimise the number of tenancies with statutory rent controls. Also, houses were subdivided into a number of flats in order to increase the number of tenancies without rent controls.[7]
Rachman did not achieve general notoriety until after his death, when the Profumo affair of 1963 hit the headlines and it emerged that both Christine Keeler and Mandy Rice-Davies had been his mistresses, and that he had owned the infamous mews house in Marylebone where Rice-Davies and Keeler had plied their trade.[8] He had actually largely moved out of slum-landlording into property development after 1958, but his former henchmen, including the equally-notorious Michael de Freitas (AKA Michael X/Abdul Malik), who still managed to build an almost separate life and reputation as a black-power leader and event promoter of jazz and blues, helped to keep him in the limelight.[9][10]
As full details of his activities were revealed, there was a call for new legislation to prevent such practices, led by Ben Parkin, MP for North Paddington, who coined the phrase %26quot;Rachmanism%26quot;. The subsequent 1965 Rent Act added to the security of tenants, but had the unintended consequence that private rented housing became scarce.
[edit] Personal life
According to his biographer, rather than being the vicious ogre of popular myth, Rachman was an intelligent man with a genial personality. Though not blessed with conventional good looks, being short, balding and dumpy, he had the power to charm women and mixed with all classes of society from prostitutes to the aristocracy. He was flamboyant about the way he displayed his wealth: driving a Rolls Royce, chewing on a Winston Churchill type cigar and sporting dark sunglasses. Though generally a happy individual he was somewhat conflicted between his Jewish and Polish heritage, due to traditional Polish anti-Semitism. Confusion o
Changing the locks while they're not home constitutes an illegal eviction, and will only make things worse. In some states, illegal evictions are actually a criminal offense -- the cops will get involved, and haul YOU off to jail if you don't let them back in. Elsewhere, all your tenants need to do is call a locksmith and provide evidence they live there before he lets them in and provides them with a key. If that happens, and you call the cops, cops are going to tell you it's not their problem, and they can't do anything without an order from a court. You may face criminal charges if you throw out their things, and they can sue you for any damages or items that they've lost through your actions.
Take a deep breath, then look into your state's laws. You'll need to provide them with a 3-5 day notice to pay or quit and then file an eviction, or provide a 30 day notice to vacate the property and file an eviction once that 30 days is up.
If you think about renting the unit out again once these slugs are gone, do yourself a favor -- familiarize yourself with your state's landlord/tenant laws [including your obligations, and the available avenues you have should you need recourse], or hire competent property manager until you understand the ins and outs.
you must go to court and get a legal eviction notice
Putting the house on the market =)
Many thanks to all of you who reply and i hope you have a happy new year!
How to get rid of awkward tenants?
No you can not change the locks and throw out their stuff. You need to send them a written notice of eviction in 30 days (this may be 60 in your state and you need to check those rules). When hat time passes you get the police to come and evict them.
However, if they know the system they know they can tie your place up for months on you. Most know or know someone who knows the system.
Good luck
How to get rid of awkward tenants?
Have you both signed a Tenancy agreement? Are they in breach of their contract? Tread carefully as they have rights.
there's a think called the landlord and tenant act in your area and there are actual guidelines in there as to what is appropriate to where you live.
There are agencies for landlords that have templated letters that can be used that are appropriate for your area.
If you've not been paid ~ things could be straight forward in getting them evicted. Just follow the proper procedure and then you'll have done all that is necessary should it come to calling the Sheriff and having them physically taken out of the property.
Are they on a lease? If so, you can give them 30 days notice to get ALL their past due rent paid up, and if not, start eviction proceedings against them.
No ur best to do this as sensibly and as professionally as u can! if u throw all thr stuff out u could get urself into alot of trouble and worse case scenario u could be sued! If i were u id just send them a letter stating that they are being evicted because they have not payed rent, u can also state that u want that rent and will take legal action if u dont get it. thrs no need for u to explain urself ! Hope i helped!
You are a landlord yet you don't know the correct procedure!!!
No you cannot do what you mentioned.
suggest you look the rachman act
Peter Rachman (1919鈥?29 November 1962) was a London landlord in the mid-20th century, active in the Notting Hill area in the 1950s and 1960s. He became so notorious for his exploitation of tenants that the word %26quot;Rachmanism%26quot; entered the OED as a synonym for any greedy, unscrupulous landlord.
Contents [hide]
1 Career
2 Personal life
3 Bibliography
4 References
[edit] Career
Rachman was born Perec Rachman in Lvov, Poland in 1919, the son of a Jewish dentist.[1] After the German invasion of Poland in 1939, Rachman may have joined the Polish resistance.[2] He was first interned by the Germans and, after escaping across the Russian border, was interned in a Soviet labour camp in Siberia where he was very cruelly treated.[3] After the Germans declared war on Russia in 1941, Rachman and other Polish prisoners joined the 2nd Polish Corps and fought on behalf of the Allies in the Middle East and Italy. After the war he remained with his unit, which remained as an occupying force in Italy until 1946 when they transferred to England. Rachman was eventually demobilised in 1948 and became a British resident.[4]
In England Rachman built up a property empire in north London consisting of more than one hundred mansion blocks and several nightclubs. He operated from an office at 91-93 Westbourne Grove, in Bayswater, and the first house he purchased and used for multi-occupation was nearby in now-fashionable St. Stephen's Gardens, London W2. Adjacent areas in Notting Hill (W11), including Powis Square, Powis Gardens, Powis Terrace, Colville Road and Colville Terrace were also early areas where he subdivided and let rooms, initially often for prostitution. Much of this area south of Westbourne Park Road, having become derelict, was compulsorily purchased by Westminster City council in the late 1960s and demolished in 1973-4 to make way for the %26quot;Wessex Gardens%26quot; estate.[5][6]
In order to maximise his rental from his properties, he is said to have driven out the, mostly white, sitting tenants of the properties he owned in Notting Hill, who had statutory protection against high rent increases, and then to have packed the properties with recent immigrants from the West Indies. New tenants did not have the same protection under the law as the sitting tenants had possessed, and so could be charged any amount Rachman wished. Most of the new tenants were Afro-Caribbean immigrants who had no choice but to accept the high rents, as it was difficult for them to obtain housing in London at the time due to the colour bar. Indeed, Rachman's reputation, which he even promoted in the media, was initially as someone who could help to find and provide accommodation for immigrants who otherwise would find it difficult.
According to his biographer, Shirley Green, certain elements of the traditional story about Rachman, such as the use of violence to drive away the sitting tenants, may be mythical, and more devious methods were used, such as relocating the protected tenants in a smaller concentration of properties or buying them out, in order to minimise the number of tenancies with statutory rent controls. Also, houses were subdivided into a number of flats in order to increase the number of tenancies without rent controls.[7]
Rachman did not achieve general notoriety until after his death, when the Profumo affair of 1963 hit the headlines and it emerged that both Christine Keeler and Mandy Rice-Davies had been his mistresses, and that he had owned the infamous mews house in Marylebone where Rice-Davies and Keeler had plied their trade.[8] He had actually largely moved out of slum-landlording into property development after 1958, but his former henchmen, including the equally-notorious Michael de Freitas (AKA Michael X/Abdul Malik), who still managed to build an almost separate life and reputation as a black-power leader and event promoter of jazz and blues, helped to keep him in the limelight.[9][10]
As full details of his activities were revealed, there was a call for new legislation to prevent such practices, led by Ben Parkin, MP for North Paddington, who coined the phrase %26quot;Rachmanism%26quot;. The subsequent 1965 Rent Act added to the security of tenants, but had the unintended consequence that private rented housing became scarce.
[edit] Personal life
According to his biographer, rather than being the vicious ogre of popular myth, Rachman was an intelligent man with a genial personality. Though not blessed with conventional good looks, being short, balding and dumpy, he had the power to charm women and mixed with all classes of society from prostitutes to the aristocracy. He was flamboyant about the way he displayed his wealth: driving a Rolls Royce, chewing on a Winston Churchill type cigar and sporting dark sunglasses. Though generally a happy individual he was somewhat conflicted between his Jewish and Polish heritage, due to traditional Polish anti-Semitism. Confusion o
Changing the locks while they're not home constitutes an illegal eviction, and will only make things worse. In some states, illegal evictions are actually a criminal offense -- the cops will get involved, and haul YOU off to jail if you don't let them back in. Elsewhere, all your tenants need to do is call a locksmith and provide evidence they live there before he lets them in and provides them with a key. If that happens, and you call the cops, cops are going to tell you it's not their problem, and they can't do anything without an order from a court. You may face criminal charges if you throw out their things, and they can sue you for any damages or items that they've lost through your actions.
Take a deep breath, then look into your state's laws. You'll need to provide them with a 3-5 day notice to pay or quit and then file an eviction, or provide a 30 day notice to vacate the property and file an eviction once that 30 days is up.
If you think about renting the unit out again once these slugs are gone, do yourself a favor -- familiarize yourself with your state's landlord/tenant laws [including your obligations, and the available avenues you have should you need recourse], or hire competent property manager until you understand the ins and outs.
you must go to court and get a legal eviction notice
Putting the house on the market =)
The correct procedures how to kick someone out?
We have a woman who rents a room in our house. We told her in October 2007 that she needs to leave by January 10, 2008. (today) This morning she refused to leave. Can we just change the locks and move her stuff out? If not, what do we have to do to make her leave today or some time soon!? Oh, and we live in California.
The correct procedures how to kick someone out?
No.
The Eviction Process
Eviction is the means by which a landlord can legally get you to move out. If you win, you stay put. If you did nothing to stop it, you would lose but have about a month from the filing of the eviction lawsuit before you would be locked out by the Sheriff. If you fight it, getting 2-3 months more time [even if you lose] is easy. My record is 14 months, and it could have been longer. That landlord gave up over $10,000 in back rent just to have the tenant leave, so we settled for that.
As shown in the diagram below, eviction usually starts with a notice, then goes to a lawsuit called an %26quot;unlawful detainer%26quot;, or %26quot;UD%26quot; for short. If you win, you stay in possession and the landlord has to reimburse you for your legal costs. If you lose, the Sheriff has to give you a 5-day notice before a lockout, and finally you leave. You can go back and get your stuff after being locked out. While you're in this process, you pay no rent; you still owe it, but it stays in your pocket. You can use that money to pay for legal expenses to fight the eviction [thanks, Mr. Landlord!] and to pay for moving, if you choose to do that.
Landlords try to scare you into moving, and not fighting it, because they know how much hassle you can give them, and how expensive it can be to get you out. Here are the common myths:
(1) The landlord CANNOT lock you out, remove your property, remove doors or windows, or turn off utilities to get you out, in lieu of court; Civil Code 789.3 prohibits that [for residential tenants] and makes the landlord liable to you for actual costs plus $100 per day that it continues, and the police will back you on this one [Penal Code 484].
(2) The landlord CANNOT have the police or Sheriff arrest you for overstaying your welcome, instead of going to court. The Sheriff may be used to serve the eviction papers, but anything beyond that awaits the court's determination, first.
(3) The landlord CANNOT barge in and start doing major construction to make it impossible to live there, or otherwise interfere with your quiet enjoyment to force you out; Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, too [Penal Code 484].
(4) The landlord CANNOT threaten to report you to immigration authorities or other law enforcement, nor make any other threat to get you out. Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, as well [Penal Code 518].
--------------------------------------鈥?br>
UD Flow Chart
Here is the simplified flow chart for an eviction case, what the landlord expects as his %26quot;worst case scenario%26quot;:
This eviction contemplates that you only file an answer, and if you lose, that you simply get locked out without a fight. This eviction takes about a month from start to finish.
Here is the UD Flow Chart considering the many options and circumstances which you may face, and which you can create. It is not complete, because there are several additional circumstances that can arise which if included would make the chart even more confusing. If you start from the upper left corner and follow the arrows through the %26quot;S%26quot; pattern, until you get to TRIAL, where it forks into winning or losing, and forks again at the appeal. The triangles address trouble spots, where the eviction case might have already secretly been over, and you need to take immediate action to have your day in court. The %26quot;discovery%26quot; pattern at the right side happens simultaneously with the demurrer and answer stage, prior to trial. The approximate number of days before the given event is identified in red. You can see and download an Acrobat %26quot;pdf%26quot; version, which is clearer and prints nicely onto legal sized paper, by clicking here: [PDF] You can also view the full-sized version as a %26quot;jpg%26quot; file [JPG]
The eviction lawsuit exemplified in this flow chart could take 6 months or more to complete, and cost the landlord about $10,000-$20,000 to complete. In its simplest version, it can take 2-3 months, and cost you as little as $600 in attorney fees, assuming a typically improper service is challenged by a motion to quash, the defective complaint is challenged by a demurrer, and no jury trial is requested.
You can see this as your game board, where there are several ways to trip up your landlord, who isn't expecting anything like this amount of complication. Playing the game better than your landlord proves to be a humiliating experience for him. It also gives you the leverage you need to prepare for trial, get more time to look around and move out, or to negotiate a settlement when the humiliation becomes unbearable. After all, the idea of filing the eviction was to scare you out, and bully you. When you're taking your time, costing the landlord money, and laughing at him, with all the other tenants taking note, the landlord's plans for making quick work of you come to a screeching halt. The Big Bad Wolf can't win.
You should also know that if you cannot afford the filing fees, you can get the fee waiver application forms from the Court Clerk, and submit them in lieu of actual payment. When in doubt, do that, because it may be granted, it gives you more time, and it protects your case file from others viewing it.
--------------------------------------鈥?br>
Taking Action
Now that you have an idea of what is in store, you need to decide how you want to approach this. You have three options available, depending on your budget, need for time, and the complexity of your case.
1. Eviction Defense Kit [click]
If you are low on funds and cannot afford to hire a lawyer, at all, the Eviction Defense Kit on this site is your best option. The Kit explains all of your defenses, your strategy, how to fill out the forms, how to conduct discovery, how to prepare for trial, how to pick a judge, how to present yourself at trial, and what happens afterwards. It has the Answer form and form interrogatories, along with some organizational forms. Even if you also hire a lawyer, the Kit gives you details about the process which will put you at ease and help you work with the lawyer.
Pros: The Kit is only $20, and can be purchased online from this website. It comes back immediately as an Acrobat %26quot;pdf%26quot; attachment to an email, like a vending machine. You pull up the Kit on your computer and print out what you want, fill in the forms on your computer, and you have professional-looking, and properly prepared papers for your case.
Cons: The Kit does not include the motion to strike, demurrer, motion for relief from default, motion for automatic stay, appeal documents, other discovery devices, motions to compel, and other papers which a lawyer needs to prepare for you. Therefore, using the Kit will get you to trial in about 2-3 weeks, not 2-3 months. If time is a strong consideration, getting the Kit is probably not your best option.
2. Consultation and Drafting by Ken Carlson [Click]
You can either pay for Ken Carlson to (a) consult with you and draft papers for you in a piecemeal basis or (b) pay for complete case monitoring on an hourly basis. You begin with a phone consultation, after faxing the paperwork to him. He then evaluates whether a motion to quash or demurrer is your best choice for a first paper, and gives you an overall strategy and complete understanding of your defenses. If you choose the piecemeal basis, you pay him to prepare the paperwork at the set rates, and pay for each consultation at $100 per half-hour, and take responsibility for monitoring your own case, and when the next papers are due. If you choose the hourly basis, Ken also monitors the case and acts as your lawyer would, except that his name does not go on the paperwork. When it comes time to go to trial, Ken helps you find a trial lawyer to %26quot;substitute in%26quot; and appear on your behalf, just like the big law firms do it. Ken brings that lawyer up to speed.
Pros: This is the least expensive way to buy the most time. You have the benefit of Ken's expertise, both in the drafting of the paperwork and the strategy for your particular case. Buying time gives you breathing room to look around for another place, if you wish, as well as permits a more thorough discovery process to make you better prepared for trial. Often, the landlord's paperwork is riddled with flaws, which are not apparent even to the typical lawyer, but Ken often gets the judge to order the landlord to start over again, and perhaps even again after that. Since you are not paying for Ken to drive to and sit around in court, or haggle with the other lawyer over the phone, you get the essential benefit of having a lawyer without the wasteful parts of litigation. If you don't excessively use his time, you can often achieve the months of extra time at a small fraction of what your rent would have been, so that you can save up for a move while still affording his legal assistance. You save the costs of gas and parking coming to a law office, because everything done by is phone, fax, e-mail, and regular mail. For those who have video-conferencing through their computer, a virtual face-to-face consultation is available. For cases in the Los Angeles area where Ken used to practice, his personal relationships with many of the lawyers can help resolve things in an amicable fashion, or warn the landlord that this may be a hellish experience.
Cons: For some people, having the lawyer in a face-to-face meeting is important, and worth the extra money. Ken's consultations are all over the phone, and paperwork is exchanged by e-mail and fax, as well as regular mail, not in person. Ken cannot appear in court for you for two good reasons: (1) he is busy just handling the website and these types of cases, and (2) it is economically infeasible for Ken to travel all around the State in each courthouse where his client's cases are. The other lawyer talks to you, not Ken, so you may not know what to say, or how to handle things when caught off guard. For some of the minor hearings before trial, the other lawyer may take advantage of the fact that you don't know how to handle some of the technicalities, or exploit the judge's bias, and get a minor victory. Ken hands off the case to a local lawyer of your choice for purposes of trial, and there is some time spent bringing the new lawyer up to speed, to be ready to go to trial. Generally, this is not a problem, but the new lawyer may disagree with some of the legal points and strategy developed by Ken, or he/she may prefer to settle the case rather than go to trial.
3. Hiring a Local Lawyer [click]
The California Tenant Law website contains the most complete list of lawyers who will represent tenants in California. The list is arranged by geographic region, and then by city, with no particular order after that. Each listing has the name, address, and telephone number of the lawyer, and if they have it, their e-mail and website address. If there are restrictions by these lawyers on the type of case, it is shown. Many of them represent both landlords and tenants, as Ken did, but some only represent tenants. Since this website is NOT a lawyer referral service, there is NO recommendation made.
Pros: Having a lawyer handle the case from the beginning has the primary advantage of continuity, and a secondary benefit of the interpersonal contact. The lawyer has you in their office in a face-to-face meeting, which is more comfortable for some people than merely talking over the phone or through e-mails. You can watch the lawyer in action in other tenants' cases, and get a better idea of that lawyer's skill and ability. You can drive to the lawyer's office to pick up or drop off original papers and photos, rather than wait for the mail to deliver them, where timing is critical. When the other lawyer makes contact, he/she talks to your lawyer, not you. Therefore, you are less vulnerable to unfair manipulation in person or before the judge in those minor pre-trial hearings.
Cons: The main disadvantage of having a lawyer officially representing you is the cost. You are paying either a large flat fee or on an hourly basis for whatever they do for you. A small court hearing can easily cost you $500 between the travel time, parking fees, and waiting time in court, in addition to the document preparation and consultations with you. Also, telephone calls and letters from the other lawyer, or witnesses, or the Court are all billable time for your lawyer, even if they don't advance your case very much, and you could have handled it yourself. There is a lot of wasted time in the legal system which is unavoidable for your lawyer, who is responsible to handle all of it. You can't %26quot;help%26quot;. Also, the interpersonal relationship you begin with may disintegrate as your lawyer has the secretary or paralegal making contact with you, or the lawyer has phone consultations with you, anyway. If you come on an appointment, you may have to wait for the prior consultation to finish, or for the lawyer to get back from court where the hearing took longer than expected. Much of the work by the lawyer's office may be done by subordinate staff, rather than the lawyer, who may just glance over it and sign. The local lawyers may not have the expertise that someone like Ken does, so the quality of work may not be as good.
--------------------------------------鈥?br>
Other Considerations
Bankruptcy
You may have heard that a bankruptcy can stop the eviction, but it only delays the process. Federal Bankruptcy law automatically %26quot;stays%26quot; [stops] an eviction action. However, the over-use of bankruptcy to stall evictions has caused the Bankruptcy Courts to create a special process to quickly reinstate the eviction. Consequently, if you were to file a bankruptcy with the intent to delay the eviction, the stay could be %26quot;lifted%26quot; within as little as 2 weeks, and probably less than 4 weeks, and you're back where you were.
If you were planning to file a bankruptcy anyway, it MUST be filed before trial, not after you lose the trial. Before trial, the landlord has to go to the Bankruptcy Court to get permission to continue with the eviction, and then reset a new date fro the trial, all of which can easily take a month. A bankruptcy filed after you lose your case can reduce your payment of that judgment amount, but it DOES NOT NECESSARILY STOP THE LOCKOUT. There are technical circumstances and rules about that, which are beyond the scope of this website.
Tenant Blacklisting
One of the most insidious aspects of evictions comes from credit reporting services. If you do not win your case, or it is not dismissed within 60 days after your eviction action has been filed, these companies inspect the court records and write down the names of all defendants. When you go to apply for an apartment after that, the property management company checks the blacklist, and if your name is on it, your application will probably not be considered. For the rest of your life, whenever you try to rent an apartment, your name on that blacklist will stand in the way. Even if the person was named as a defendant by mistake, and the case against them is dismissed, that person's name stays on the %26quot;blacklist%26quot; forever.
If your case is dismissed or you win within the 60-day period, your case is %26quot;sealed%26quot; and the blacklisting companies cannot access it without a court order. It is also possible to get the judge to %26quot;seal%26quot; your case after the 60 days expires, such as where that condition is part of your settlement agreement. Judges are reluctant to do that, but there is no legal prohibition to such an order.
For more information on Tenant Blacklisting, click HERE.
Collection of the Judgment
By the Landlord:
Just because you get more time to move doesn't mean that you owe nothing to the landlord for the time you stayed. The Court can still award full rental value for the entire period of time you were in possession, unless you can settle the case for no rent or a lesser payment, or you filed a bankruptcy. Interest on the judgment continues to accrue at 10% per year - higher than the bank.
Although most landlords don't try to collect the rent, some never give up. Among the collection efforts readily available to the landlord are: attaching your bank account, garnishing your wages, and filing an %26quot;abstract of judgment%26quot; in the County Recorder's office. If you keep the same bank account, the landlord can just send the Sheriff/Marshal there with %26quot;levy%26quot; instructions, and the bank has to hand over the money. If the landlord knows where you work, the Sheriff/Marshal can come there with instructions for the employer to take out 1/4 of each paycheck for payment to the landlord. The Abstract of Judgment will show up in credit reports and when you try to buy or sell real property - the landlord has to get paid, plus the accrued interest and levying fees.
The point is that when you delay, and you get the time you want, it is best to settle your case, with the intent to give you the kind of closure you would like. You certainly don't want an old debt haunting you as you try to go on with life. There are ways around these problems, which your attorney can explain to you.
By You:
If you win the eviction case, the landlord has to at least reimburse you for your court filing fees. If the rental agreement or your defense permit attorney fees, you are entitled to an award of reasonable attorney fees as well, even if you don't have an official attorney [Mix v. Tumanjan], such as where Ken is helping you. This is a money judgment which you can collect in a number of ways, including sending the Sheriff to the landlord's bank and taking money from his account, having the Sheriff collect rents from your neighbors which the landlord would otherwise get, having the Sheriff take the landlord's car and selling it, or having the Sheriff put the rental property up for sale at an auction. Each of these requires you to advance the costs, and some are more expensive than others. However, when you collect, the Sheriff adds those extra costs on the judgment amount being collected, so your landlord pays for your collection efforts. You can also put a lien on all the landlord's property, so he can't sell or refinance it without you being paid, and interest at 10% per year does accrue on his judgment as well.
Of course, you CAN make an agreement to deduct the judgment from your rent, or the landlord can simply write you a check for the full amount. Landlords just HATE to do that, because it's like paying for the beating. They are, anyway, but that doesn't keep them from hating it. After all, paying you money after losing a fight that they started was not what they had planned, and it leaves an understandably bad taste in their mouth, maybe enough not to try it again. You never know.
--------------------------------------鈥?br>
Still have questions or need clarification? You can e-mail your questions, but keep it brief.
updated 1/8/07
The correct procedures how to kick someone out?
Make life living there a living hell then she will leave
check local codes in your area. Here in Texas you HAVE to give an eviction notice signed by a judge. But once you do that, the cops help you move her out....
The correct procedures how to kick someone out?
No.
The Eviction Process
Eviction is the means by which a landlord can legally get you to move out. If you win, you stay put. If you did nothing to stop it, you would lose but have about a month from the filing of the eviction lawsuit before you would be locked out by the Sheriff. If you fight it, getting 2-3 months more time [even if you lose] is easy. My record is 14 months, and it could have been longer. That landlord gave up over $10,000 in back rent just to have the tenant leave, so we settled for that.
As shown in the diagram below, eviction usually starts with a notice, then goes to a lawsuit called an %26quot;unlawful detainer%26quot;, or %26quot;UD%26quot; for short. If you win, you stay in possession and the landlord has to reimburse you for your legal costs. If you lose, the Sheriff has to give you a 5-day notice before a lockout, and finally you leave. You can go back and get your stuff after being locked out. While you're in this process, you pay no rent; you still owe it, but it stays in your pocket. You can use that money to pay for legal expenses to fight the eviction [thanks, Mr. Landlord!] and to pay for moving, if you choose to do that.
Landlords try to scare you into moving, and not fighting it, because they know how much hassle you can give them, and how expensive it can be to get you out. Here are the common myths:
(1) The landlord CANNOT lock you out, remove your property, remove doors or windows, or turn off utilities to get you out, in lieu of court; Civil Code 789.3 prohibits that [for residential tenants] and makes the landlord liable to you for actual costs plus $100 per day that it continues, and the police will back you on this one [Penal Code 484].
(2) The landlord CANNOT have the police or Sheriff arrest you for overstaying your welcome, instead of going to court. The Sheriff may be used to serve the eviction papers, but anything beyond that awaits the court's determination, first.
(3) The landlord CANNOT barge in and start doing major construction to make it impossible to live there, or otherwise interfere with your quiet enjoyment to force you out; Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, too [Penal Code 484].
(4) The landlord CANNOT threaten to report you to immigration authorities or other law enforcement, nor make any other threat to get you out. Civil Code 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, as well [Penal Code 518].
--------------------------------------鈥?br>
UD Flow Chart
Here is the simplified flow chart for an eviction case, what the landlord expects as his %26quot;worst case scenario%26quot;:
This eviction contemplates that you only file an answer, and if you lose, that you simply get locked out without a fight. This eviction takes about a month from start to finish.
Here is the UD Flow Chart considering the many options and circumstances which you may face, and which you can create. It is not complete, because there are several additional circumstances that can arise which if included would make the chart even more confusing. If you start from the upper left corner and follow the arrows through the %26quot;S%26quot; pattern, until you get to TRIAL, where it forks into winning or losing, and forks again at the appeal. The triangles address trouble spots, where the eviction case might have already secretly been over, and you need to take immediate action to have your day in court. The %26quot;discovery%26quot; pattern at the right side happens simultaneously with the demurrer and answer stage, prior to trial. The approximate number of days before the given event is identified in red. You can see and download an Acrobat %26quot;pdf%26quot; version, which is clearer and prints nicely onto legal sized paper, by clicking here: [PDF] You can also view the full-sized version as a %26quot;jpg%26quot; file [JPG]
The eviction lawsuit exemplified in this flow chart could take 6 months or more to complete, and cost the landlord about $10,000-$20,000 to complete. In its simplest version, it can take 2-3 months, and cost you as little as $600 in attorney fees, assuming a typically improper service is challenged by a motion to quash, the defective complaint is challenged by a demurrer, and no jury trial is requested.
You can see this as your game board, where there are several ways to trip up your landlord, who isn't expecting anything like this amount of complication. Playing the game better than your landlord proves to be a humiliating experience for him. It also gives you the leverage you need to prepare for trial, get more time to look around and move out, or to negotiate a settlement when the humiliation becomes unbearable. After all, the idea of filing the eviction was to scare you out, and bully you. When you're taking your time, costing the landlord money, and laughing at him, with all the other tenants taking note, the landlord's plans for making quick work of you come to a screeching halt. The Big Bad Wolf can't win.
You should also know that if you cannot afford the filing fees, you can get the fee waiver application forms from the Court Clerk, and submit them in lieu of actual payment. When in doubt, do that, because it may be granted, it gives you more time, and it protects your case file from others viewing it.
--------------------------------------鈥?br>
Taking Action
Now that you have an idea of what is in store, you need to decide how you want to approach this. You have three options available, depending on your budget, need for time, and the complexity of your case.
1. Eviction Defense Kit [click]
If you are low on funds and cannot afford to hire a lawyer, at all, the Eviction Defense Kit on this site is your best option. The Kit explains all of your defenses, your strategy, how to fill out the forms, how to conduct discovery, how to prepare for trial, how to pick a judge, how to present yourself at trial, and what happens afterwards. It has the Answer form and form interrogatories, along with some organizational forms. Even if you also hire a lawyer, the Kit gives you details about the process which will put you at ease and help you work with the lawyer.
Pros: The Kit is only $20, and can be purchased online from this website. It comes back immediately as an Acrobat %26quot;pdf%26quot; attachment to an email, like a vending machine. You pull up the Kit on your computer and print out what you want, fill in the forms on your computer, and you have professional-looking, and properly prepared papers for your case.
Cons: The Kit does not include the motion to strike, demurrer, motion for relief from default, motion for automatic stay, appeal documents, other discovery devices, motions to compel, and other papers which a lawyer needs to prepare for you. Therefore, using the Kit will get you to trial in about 2-3 weeks, not 2-3 months. If time is a strong consideration, getting the Kit is probably not your best option.
2. Consultation and Drafting by Ken Carlson [Click]
You can either pay for Ken Carlson to (a) consult with you and draft papers for you in a piecemeal basis or (b) pay for complete case monitoring on an hourly basis. You begin with a phone consultation, after faxing the paperwork to him. He then evaluates whether a motion to quash or demurrer is your best choice for a first paper, and gives you an overall strategy and complete understanding of your defenses. If you choose the piecemeal basis, you pay him to prepare the paperwork at the set rates, and pay for each consultation at $100 per half-hour, and take responsibility for monitoring your own case, and when the next papers are due. If you choose the hourly basis, Ken also monitors the case and acts as your lawyer would, except that his name does not go on the paperwork. When it comes time to go to trial, Ken helps you find a trial lawyer to %26quot;substitute in%26quot; and appear on your behalf, just like the big law firms do it. Ken brings that lawyer up to speed.
Pros: This is the least expensive way to buy the most time. You have the benefit of Ken's expertise, both in the drafting of the paperwork and the strategy for your particular case. Buying time gives you breathing room to look around for another place, if you wish, as well as permits a more thorough discovery process to make you better prepared for trial. Often, the landlord's paperwork is riddled with flaws, which are not apparent even to the typical lawyer, but Ken often gets the judge to order the landlord to start over again, and perhaps even again after that. Since you are not paying for Ken to drive to and sit around in court, or haggle with the other lawyer over the phone, you get the essential benefit of having a lawyer without the wasteful parts of litigation. If you don't excessively use his time, you can often achieve the months of extra time at a small fraction of what your rent would have been, so that you can save up for a move while still affording his legal assistance. You save the costs of gas and parking coming to a law office, because everything done by is phone, fax, e-mail, and regular mail. For those who have video-conferencing through their computer, a virtual face-to-face consultation is available. For cases in the Los Angeles area where Ken used to practice, his personal relationships with many of the lawyers can help resolve things in an amicable fashion, or warn the landlord that this may be a hellish experience.
Cons: For some people, having the lawyer in a face-to-face meeting is important, and worth the extra money. Ken's consultations are all over the phone, and paperwork is exchanged by e-mail and fax, as well as regular mail, not in person. Ken cannot appear in court for you for two good reasons: (1) he is busy just handling the website and these types of cases, and (2) it is economically infeasible for Ken to travel all around the State in each courthouse where his client's cases are. The other lawyer talks to you, not Ken, so you may not know what to say, or how to handle things when caught off guard. For some of the minor hearings before trial, the other lawyer may take advantage of the fact that you don't know how to handle some of the technicalities, or exploit the judge's bias, and get a minor victory. Ken hands off the case to a local lawyer of your choice for purposes of trial, and there is some time spent bringing the new lawyer up to speed, to be ready to go to trial. Generally, this is not a problem, but the new lawyer may disagree with some of the legal points and strategy developed by Ken, or he/she may prefer to settle the case rather than go to trial.
3. Hiring a Local Lawyer [click]
The California Tenant Law website contains the most complete list of lawyers who will represent tenants in California. The list is arranged by geographic region, and then by city, with no particular order after that. Each listing has the name, address, and telephone number of the lawyer, and if they have it, their e-mail and website address. If there are restrictions by these lawyers on the type of case, it is shown. Many of them represent both landlords and tenants, as Ken did, but some only represent tenants. Since this website is NOT a lawyer referral service, there is NO recommendation made.
Pros: Having a lawyer handle the case from the beginning has the primary advantage of continuity, and a secondary benefit of the interpersonal contact. The lawyer has you in their office in a face-to-face meeting, which is more comfortable for some people than merely talking over the phone or through e-mails. You can watch the lawyer in action in other tenants' cases, and get a better idea of that lawyer's skill and ability. You can drive to the lawyer's office to pick up or drop off original papers and photos, rather than wait for the mail to deliver them, where timing is critical. When the other lawyer makes contact, he/she talks to your lawyer, not you. Therefore, you are less vulnerable to unfair manipulation in person or before the judge in those minor pre-trial hearings.
Cons: The main disadvantage of having a lawyer officially representing you is the cost. You are paying either a large flat fee or on an hourly basis for whatever they do for you. A small court hearing can easily cost you $500 between the travel time, parking fees, and waiting time in court, in addition to the document preparation and consultations with you. Also, telephone calls and letters from the other lawyer, or witnesses, or the Court are all billable time for your lawyer, even if they don't advance your case very much, and you could have handled it yourself. There is a lot of wasted time in the legal system which is unavoidable for your lawyer, who is responsible to handle all of it. You can't %26quot;help%26quot;. Also, the interpersonal relationship you begin with may disintegrate as your lawyer has the secretary or paralegal making contact with you, or the lawyer has phone consultations with you, anyway. If you come on an appointment, you may have to wait for the prior consultation to finish, or for the lawyer to get back from court where the hearing took longer than expected. Much of the work by the lawyer's office may be done by subordinate staff, rather than the lawyer, who may just glance over it and sign. The local lawyers may not have the expertise that someone like Ken does, so the quality of work may not be as good.
--------------------------------------鈥?br>
Other Considerations
Bankruptcy
You may have heard that a bankruptcy can stop the eviction, but it only delays the process. Federal Bankruptcy law automatically %26quot;stays%26quot; [stops] an eviction action. However, the over-use of bankruptcy to stall evictions has caused the Bankruptcy Courts to create a special process to quickly reinstate the eviction. Consequently, if you were to file a bankruptcy with the intent to delay the eviction, the stay could be %26quot;lifted%26quot; within as little as 2 weeks, and probably less than 4 weeks, and you're back where you were.
If you were planning to file a bankruptcy anyway, it MUST be filed before trial, not after you lose the trial. Before trial, the landlord has to go to the Bankruptcy Court to get permission to continue with the eviction, and then reset a new date fro the trial, all of which can easily take a month. A bankruptcy filed after you lose your case can reduce your payment of that judgment amount, but it DOES NOT NECESSARILY STOP THE LOCKOUT. There are technical circumstances and rules about that, which are beyond the scope of this website.
Tenant Blacklisting
One of the most insidious aspects of evictions comes from credit reporting services. If you do not win your case, or it is not dismissed within 60 days after your eviction action has been filed, these companies inspect the court records and write down the names of all defendants. When you go to apply for an apartment after that, the property management company checks the blacklist, and if your name is on it, your application will probably not be considered. For the rest of your life, whenever you try to rent an apartment, your name on that blacklist will stand in the way. Even if the person was named as a defendant by mistake, and the case against them is dismissed, that person's name stays on the %26quot;blacklist%26quot; forever.
If your case is dismissed or you win within the 60-day period, your case is %26quot;sealed%26quot; and the blacklisting companies cannot access it without a court order. It is also possible to get the judge to %26quot;seal%26quot; your case after the 60 days expires, such as where that condition is part of your settlement agreement. Judges are reluctant to do that, but there is no legal prohibition to such an order.
For more information on Tenant Blacklisting, click HERE.
Collection of the Judgment
By the Landlord:
Just because you get more time to move doesn't mean that you owe nothing to the landlord for the time you stayed. The Court can still award full rental value for the entire period of time you were in possession, unless you can settle the case for no rent or a lesser payment, or you filed a bankruptcy. Interest on the judgment continues to accrue at 10% per year - higher than the bank.
Although most landlords don't try to collect the rent, some never give up. Among the collection efforts readily available to the landlord are: attaching your bank account, garnishing your wages, and filing an %26quot;abstract of judgment%26quot; in the County Recorder's office. If you keep the same bank account, the landlord can just send the Sheriff/Marshal there with %26quot;levy%26quot; instructions, and the bank has to hand over the money. If the landlord knows where you work, the Sheriff/Marshal can come there with instructions for the employer to take out 1/4 of each paycheck for payment to the landlord. The Abstract of Judgment will show up in credit reports and when you try to buy or sell real property - the landlord has to get paid, plus the accrued interest and levying fees.
The point is that when you delay, and you get the time you want, it is best to settle your case, with the intent to give you the kind of closure you would like. You certainly don't want an old debt haunting you as you try to go on with life. There are ways around these problems, which your attorney can explain to you.
By You:
If you win the eviction case, the landlord has to at least reimburse you for your court filing fees. If the rental agreement or your defense permit attorney fees, you are entitled to an award of reasonable attorney fees as well, even if you don't have an official attorney [Mix v. Tumanjan], such as where Ken is helping you. This is a money judgment which you can collect in a number of ways, including sending the Sheriff to the landlord's bank and taking money from his account, having the Sheriff collect rents from your neighbors which the landlord would otherwise get, having the Sheriff take the landlord's car and selling it, or having the Sheriff put the rental property up for sale at an auction. Each of these requires you to advance the costs, and some are more expensive than others. However, when you collect, the Sheriff adds those extra costs on the judgment amount being collected, so your landlord pays for your collection efforts. You can also put a lien on all the landlord's property, so he can't sell or refinance it without you being paid, and interest at 10% per year does accrue on his judgment as well.
Of course, you CAN make an agreement to deduct the judgment from your rent, or the landlord can simply write you a check for the full amount. Landlords just HATE to do that, because it's like paying for the beating. They are, anyway, but that doesn't keep them from hating it. After all, paying you money after losing a fight that they started was not what they had planned, and it leaves an understandably bad taste in their mouth, maybe enough not to try it again. You never know.
--------------------------------------鈥?br>
Still have questions or need clarification? You can e-mail your questions, but keep it brief.
updated 1/8/07
The correct procedures how to kick someone out?
Make life living there a living hell then she will leave
check local codes in your area. Here in Texas you HAVE to give an eviction notice signed by a judge. But once you do that, the cops help you move her out....
How do I go about getting rid of a "squatter"?
Long story short...boyfriend of 6 years lives w/ me and we have two kids together...has screwed me over so many times...I want him to leave but he won't. We rent and the lease is in my name only. I tried to get my landlord to do an eviction on him, he said he would but then didn't. B/f hasn't hurt me so there's no reason for the police to remove him or for me to get a restraining order to keep him away. How can I get this jerk out of my house and my life?
P.S. I have seen enough Judge Judy to know that if I throw his things out I might have to cover damage costs to them. Also I don't think it's legal for me to just change the locks...I live in Michigan and don't know what the laws are here...any ideas???
How do I go about getting rid of a %26quot;squatter%26quot;?
You do not need the landlord to evict your B/F. The apartment is your property (not currently the property owners) as long as you are paying the rent on time. Since you are the only name on the lease, you are the only person with a %26quot;right%26quot; to live there. Anyone else is your guest. Give him written %26quot;notice%26quot; to vacate (if you want to be safe make it 30 days and the court will not think you are being a jerk if it gets that far).
Then have the locks changed after the 30 day mark, and do not let him back in to YOUR apartment. I would not suggest charging him rent, because that may violate your rental contract you signed regarding subleasing (prohibition against subleasing is in most rental contracts). If you do decide to change the locks make sure you do so with the landlord approval and give him/her the new master key. They may have a preference as to the type of lock and or quality of lock to be used (remmeber it will revert to their cortrol after your lease is complete. Changing the locks could be considered waste on the property (like making holes in the walls), and you could be forced to change the locks again if they are not considered good enough by the landlord.
Do not throw his things on to the street. It makes you look vengeful to the court. Hold his stuff until he picks it up. If you need to rent a storage space (often you can get the first month quite cheap) and charge him for it to retrieve his things. If you need to have law enforcement involved. Always remember, you have the legal right to be in the apartment, your B/F is simply your guest that has over stayed his welcome. Do not be vengeful it only makes you look like the villain. Be civil and professional and law enforcement will like you as will the judge if it has to get that far.
I do not know about Michigan in specific, I am going on CA law and my knowledge of how landlord tenant law works through law school, but Michigan may vary. You may have a city or county agency that aids people with landlord tenant issues. Look them up in your local area. They can give you specific information regarding your particular situation and help you (most likely free) in getting your apartment back.
Just remember that making these changes to your living relationship will likely spill over in to your everyday life. Most people do not like being evicted from where they live. Be prepared for some uncomfortable times with you B/F. Most people don't take this well, especially when romance in involved. Start separating your things now. . .
How do I go about getting rid of a %26quot;squatter%26quot;?
Give him a notice to pay rent or quit. Charge him $1000 per month. If he doesn't pay up, get an eviction notice, and have him served. Give him three days.
=
have you considered finding another place, and move without him
Have Bible study It's easier to start with the new testament because Christ is so compassionate...This is not an attempt to convert him but an attempt to make him responsible for something. If he doesn't do as you ask or cooperate then you have the ability and authority to evict him by police involvement
if the tenancy is in your name - then you as the head tenant have the right to tell him to leave, you can ask the landlord if you may change the locks then do that and place your partners belgongings outside, if he gets irate phone the police and if he is raising is voice that is sifficient for a charge of assault - as long as you fear an immediate danger from him.
In addition to the above answers, is he paying for anything? What about the food? If he's not working and you buy the food, tell him it's yours and he can't eat it? If he does, call the police and press charges for burglary.
P.S. I have seen enough Judge Judy to know that if I throw his things out I might have to cover damage costs to them. Also I don't think it's legal for me to just change the locks...I live in Michigan and don't know what the laws are here...any ideas???
How do I go about getting rid of a %26quot;squatter%26quot;?
You do not need the landlord to evict your B/F. The apartment is your property (not currently the property owners) as long as you are paying the rent on time. Since you are the only name on the lease, you are the only person with a %26quot;right%26quot; to live there. Anyone else is your guest. Give him written %26quot;notice%26quot; to vacate (if you want to be safe make it 30 days and the court will not think you are being a jerk if it gets that far).
Then have the locks changed after the 30 day mark, and do not let him back in to YOUR apartment. I would not suggest charging him rent, because that may violate your rental contract you signed regarding subleasing (prohibition against subleasing is in most rental contracts). If you do decide to change the locks make sure you do so with the landlord approval and give him/her the new master key. They may have a preference as to the type of lock and or quality of lock to be used (remmeber it will revert to their cortrol after your lease is complete. Changing the locks could be considered waste on the property (like making holes in the walls), and you could be forced to change the locks again if they are not considered good enough by the landlord.
Do not throw his things on to the street. It makes you look vengeful to the court. Hold his stuff until he picks it up. If you need to rent a storage space (often you can get the first month quite cheap) and charge him for it to retrieve his things. If you need to have law enforcement involved. Always remember, you have the legal right to be in the apartment, your B/F is simply your guest that has over stayed his welcome. Do not be vengeful it only makes you look like the villain. Be civil and professional and law enforcement will like you as will the judge if it has to get that far.
I do not know about Michigan in specific, I am going on CA law and my knowledge of how landlord tenant law works through law school, but Michigan may vary. You may have a city or county agency that aids people with landlord tenant issues. Look them up in your local area. They can give you specific information regarding your particular situation and help you (most likely free) in getting your apartment back.
Just remember that making these changes to your living relationship will likely spill over in to your everyday life. Most people do not like being evicted from where they live. Be prepared for some uncomfortable times with you B/F. Most people don't take this well, especially when romance in involved. Start separating your things now. . .
How do I go about getting rid of a %26quot;squatter%26quot;?
Give him a notice to pay rent or quit. Charge him $1000 per month. If he doesn't pay up, get an eviction notice, and have him served. Give him three days.
=
have you considered finding another place, and move without him
Have Bible study It's easier to start with the new testament because Christ is so compassionate...This is not an attempt to convert him but an attempt to make him responsible for something. If he doesn't do as you ask or cooperate then you have the ability and authority to evict him by police involvement
if the tenancy is in your name - then you as the head tenant have the right to tell him to leave, you can ask the landlord if you may change the locks then do that and place your partners belgongings outside, if he gets irate phone the police and if he is raising is voice that is sifficient for a charge of assault - as long as you fear an immediate danger from him.
In addition to the above answers, is he paying for anything? What about the food? If he's not working and you buy the food, tell him it's yours and he can't eat it? If he does, call the police and press charges for burglary.
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