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Topic: Eviction


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In the News (Wed 2 Dec 09)

  
  Eviction
Eviction is a court-administered proceeding for removing a tenant from a rental unit because the tenant has violated the rental agreement or did not comply with a notice ending the tenancy.
The landlord must file the proper forms with the county clerk and he or she is forbidden to forcibly remove or "lock out" the tenant; any attempt to do so may result in a default judgment in favor of the tenant or, at worst, criminal charges brought against the landlord.
The landlord has filed the eviction action in retaliation for the tenant exercising a tenant right or because the tenant complained to the building inspector about the condition of the rental unit.
www.oneminutemillionaire.com /affiliate/glossary/eviction.asp   (521 words)

  
  Eviction - Wikipedia, the free encyclopedia
Eviction is a legal process by which a landlord forces a tenant or other occupant to move out of the landlord's property involuntarily and usually permanently.
Eviction law varies widely from state to state, and sometimes county to county or city to city.
Eviction laws for mobile homes (where the home as well as the tenant must move) require longer notice periods and must be for a just cause.
en.wikipedia.org /wiki/Eviction   (917 words)

  
 Eviction
An eviction lawsuit is the way a landlord legally removes a residential tenant from a rental unit.
Evictions can be done for many different reasons, but landlords must follow certain procedures in order for the eviction to be lawful.
Improper service of an eviction notice may be a legal defense to eviction, particularly if you did not receive the notice on time because of the way it was served.
pslegal.org /Publications/Eviction/Eviction.htm   (3065 words)

  
 EViCTION   (Site not responding. Last check: 2007-09-07)
Eviction is the legal process whereby a resident is forced to terminate tenancy.
Eviction may result from a resident’s failure to adhere to any of the rules and regulations as stated in each specific community’s lease.
The most common cause for eviction, and also typically the easiest violation to prove during a legal eviction proceeding, is the failure of a resident to pay rent.
www.medve.com /Manual/EViCTION.html   (3115 words)

  
 Kansas Eviction Procedures   (Site not responding. Last check: 2007-09-07)
Post–Foreclosure eviction procedures in Kansas are governed by the journal entry in the foreclosure action and the writ of assistance by the local procedures.
Various statutes and timelines are established depending on the reason for eviction in a landlord/tenant situation, which usually are not applicable to the post-foreclosure situation.
An eviction requires a Writ of Assistance, which is issued by the clerk of court and served by the Sheriff.
www.mllfpc.com /home/eviction_procedures/eviction_procedures_ks.asp   (289 words)

  
 Eviction   (Site not responding. Last check: 2007-09-07)
This type of eviction may be filed by the owner, agent or an attorney for the owner.
This type of eviction may be filed by the owner or an attorney for the owner only.
After the landlord files his/her Complaint for Eviction, a summons is prepared and sent to the Sheriff’s Office to serve on the tenant for a fee of $20.00 per tenant named.
clerkofcourts.co.walton.fl.us /default.aspx?id=19   (1176 words)

  
 Eviction Defenses
If the eviction notice is wrong, or has not been given to the tenant as required under the law, the tenant has a defense to the eviction.
A landlord may start an eviction against a tenant on a 30-day notice for cause, on a 24-hour notice for dangerous or outrageous behavior, on a 72-hour notice for non-payment of rent, or on a 30-day notice for no cause.
Even if the tenant has paid no rent at all, the tenant may have a defense to an eviction for non-payment of rent if the tenant has a claim against the landlord that would entitle the tenant to be compensated by the landlord for damages the tenant suffered.
www.tenant.net /Other_Areas/Oregon/307.html   (1766 words)

  
 [No title]
Evictions for other reasons are not discussed in detail, although the procedure for these evictions is similar.
If the eviction is for another reason (for example, intentional damage to the dwelling, illegal use of the premises, violation of the lease agreement, or non-payment of utilities), the notice must contain different information, including different deadlines for correcting the problem.
This may include a copy of the rental agreement or lease, proof that the summons and complaint were properly served, that the notice to quit met statutory requirements, and that the problems described in the notice, such as failure to pay rent, were not corrected.
www.state.ak.us /courts/civ-720.htm   (9436 words)

  
 California Tenant Law - Free legal advice for California renters' rights
Eviction is the means by which a landlord can legally get you to move out.
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.
Consequently, if you were to file a bankruptcy with the intent to delay the eviction, the stay could be "lifted" within as little as 2 weeks, and probably less than 4 weeks, and you're back where you were.
www.caltenantlaw.com /Eviction.htm   (3411 words)

  
 Eviction Explained for Landlords
Laws on eviction proceedings vary widely by state and are sometimes called “summary dispossess” or “unlawful detainer” lawsuits.
Eviction laws are very detailed and must be followed exactly for the landlord to successfully evict.
The law enforcement officer will typically give the tenant official notice that police will be arriving at a certain time on a certain date to physically remove the tenant and his or her possessions from the premises.
www.thelpa.com /lpa/newsletter/evictionsherriebennett.html   (458 words)

  
 Eviction Notice Form, Rental Eviction Procedure Law, 30, 5 or 3
Eviction notice forms for eviction due to nonpayment of rent or notice of eviction for lease violations.
Landlord eviction notice form, Lease Violation Notice, used for eviction due to all violations of lease agreement, excluding nonpayment of rent.
Therefore, unless you are an experienced real estate professional or attorney capable of researching and modifying a generic form, it is advisable to use an eviction notice form specific to the laws of your state.
www.hrlegalmart.com /evictionnotice.html   (456 words)

  
 Lake Charles City Court   (Site not responding. Last check: 2007-09-07)
SERVICE OF NOTICE – Notice under the eviction statutes of the state of Louisiana may be served either domiciliary (on a person residing in the household of suitable age and discretion), personal service, or by tacking the notice on the premises.
This process is called an eviction suit, and a deposit of $100.00 for one defendant or $135.00 for two defendants is required for the filing of this action.
If both parties appear for the rule and the landlord is granted an eviction judgment, the tenant is notified in person that he has 24 hours to vacate.
www.lakecharlescitycourt.com /Pages/Eviction.html   (454 words)

  
 Evicting a Tenant - Landlord Considerations
This type of action may result in an order for eviction, or more typically for an order that the landlord will be able to evict the tenant if the rent is not paid by a specific deadline (e.g., ten days after the court enters the judgment).
When a tenant files for bankruptcy, the "automatic stay" will prevent the continuation of eviction proceedings until the bankrupcy is resolved, or the bankruptcy court otherwise permits eviction proceedings to continue by lifting the stay.
Some tenants will bring a counter-claim against a landlord when threatened with eviction, claiming lease violations or inadequate maintenance of the property by the landlord, and asking that the eviction proceedings be stopped or that they receive a substantial rent abatement for any arrearage owed.
www.expertlaw.com /library/real_estate/evicting_tenant.html   (1733 words)

  
 Eviction
Because no judicial action is required for foreclosure, the eviction process is a separate action which requires the filing of a lawsuit for possession of the property.
Once judgment is entered by the court, such judgment is forwarded, in a form of a Writ of Possession, to the Sheriff for execution.
Thus, an eviction that does not involve any delay tactics by the defendant should be completed within 30 to 40 days after the expiration of the Notice To Quit.
www.bestalliance.com /eviction.htm   (560 words)

  
 Renting: Eviction Rights
In Minnesota eviction actions are conducted in District Court, except in Ramsey and Hennepin Counties, which have Housing Courts.
Eviction cases are public records that may affect a persons' ability to rent housing for many years.
It may be granted in cases when the landlord brought a bad eviction case and it would be unfair to let it remain on your record.
www.extension.umn.edu /info-u/finances/BF802.html   (387 words)

  
 SF Tenants Union
The eviction hearing is a "trial" and you can demand a jury trial and, if you do, your landlord will have to sit down with you before a judge and try to reach a compromise settlement.
You may have various legal defenses: Your not paying rent can be justified because you were withholding rent because of uncorrected housing code violations or your lease said nothing about dogs or you know for a fact that the landlord’s mother’s not moving in because she supposedly moved in upstairs last year.
For evictions which have shown up on your tenant report, see this link to the FTC requirements concerning landlord credit reports.
www.sftu.org /eviction.html   (1247 words)

  
 UNDERSTANDING THE EVICTION PROCESS
Evictions take 10-180 days depending on the type of notice served.
When an eviction is completed, the Landlord must store the tenants property for 30 days.
It is suggested, if someone moves out, go ahead with the eviction process to avoid any problems that may arise if tenant tries to move back in.
www.co.clark.nv.us /Constable/Eviction_Process.htm   (1634 words)

  
 Richmond courts unfair to poor tenants facing eviction : SF Indymedia   (Site not responding. Last check: 2007-09-07)
Queen Jackson, a tenant defending her own eviction case, is not the first person to feel like she was taken for a ride, after the judge stripped her of her right to a jury trial when it became apparent that she was representing herself.
Because eviction cases run on a fast track through the courts, tenants do not have the time to challenge the improper rulings when they occur, and the result is that the system is biased in favor of landlords.
As for Queen Jackson, her unlawful eviction was eventually dismissed with the help of the Eviction Defense Center and Cooley Godward, LLP, which took her case, and she was able to get enough time to relocate her family to Pinole.
sf.indymedia.org /news/2005/12/1723277.php   (941 words)

  
 Eviction Process
On the morning of the eviction date the Sheriff requires the landlord or his attorney to determine if the tenant is still occupying the premises.
At the time of the eviction the landlord will be required to provide all necessary manpower and materials to complete the eviction as expeditiously as possible.
If it appears that a physical eviction will be unusually lengthy the Sheriff may require an additional deposit prior to the eviction.
www.jeffersonsheriff.org /evictions.html   (625 words)

  
 Tenant Eviction Checklist | Real Estate > Landlord/Tenant
This will be essential if a tenant contests the eviction, refuses to leave, or tries to file a discrimination or retaliatory eviction claim against you.
When you serve an eviction notice, you will need to provide your tenant with written notice of why they are being evicted.
Eviction notices should be drafted exactly as required by law.
www.allbusiness.com /articles/RealEstate/4085-4026-4076.html   (892 words)

  
 Residential Evictions for Nonpayment of Rent
Evictions for reasons other than nonpayment of rent are different and these time frames and procedures may not apply.
Depending upon the amount of damages involved, a complaint for eviction may be filed in either the justice court precinct where the rental property is located or in the superior court for the county in which the rental property is located.
Attorneys are not required to initiate eviction proceedings or to represent the parties involved.
www.supreme.state.az.us /info/brochures/evict.htm   (639 words)

  
 American Civil Liberties Union : ACLU Urges Congress to Prevent Unfair Eviction of Innocent Tenants, Domestic Violence ...
Current law mandates the eviction of public housing tenants if a guest or family member engages in criminal activity, even if the activity occurs away from the tenant's home.
Currently, an abused spouse who reports the abuse to the police is vulnerable to summary eviction as are the parents or grandparents of children or grandkids who use drugs or engage in other relatively minor criminal activity.
Tenants who fear eviction simply because they report the criminal activities of others will be much more likely to take matters into their own hands.
www.aclu.org /rightsofthepoor/housing/13422prs20020618.html?s_src=RSS   (474 words)

  
 Residential Eviction Defenses
If the eviction notice is wrong, or has not been given to you as required by law, this is a defense that you can rely on in court.
A landlord may start an eviction against you after a 30-day notice for cause, on a 24-hour notice for dangerous or outrageous behavior, on a 72-hour notice for non-payment of rent, on a 144-hour notice for non-payment, or on a 30-day notice for no cause.
The hardest eviction proceedings for tenants to win are those based on 30-day notices for no cause.
www.osbar.org /public/legalinfo/1255.htm   (1420 words)

  
 Austin Tenants' Council - Evictions
Note that an eviction is different from terminating a lease at the end of its term.
When a tenant appeals by filing an affidavit, and the eviction is for nonpayment of rent, the tenant can stay in possession of the rental unit during the appeal by paying one month’s rent into the court’s registry.
If the eviction is for some reason other than nonpayment of rent, the tenant should continue to pay the rent to the landlord or the landlord can file a new eviction for nonpayment.
www.housing-rights.org /evictions.html   (2287 words)

  
 Tenants
An eviction is a court action a landlord must use to remove a tenant from an apartment or room.
Since an eviction by the marshal will cost the landlord money, you may be able to negotiate for extra time to move your belongings out.
In the case of an eviction for non-payment of rent, you are entitled to ask the judge for an additional stay up to 3 months if you deposit (pay) to the court all the back rent that you owe to your landlord.
www.larcc.org /pamphlets/housing/tr_eviction.htm   (2739 words)

  
 Summary Eviction - Landlord - Frequently Asked Questions   (Site not responding. Last check: 2007-09-07)
A "summary eviction" is a process that allows a landlord to recover possession of leased property on an expedited process.
If the tenant files a timely Affidavit with the Court at or before the time stated in the notice, and if the landlord receives a file-stamped copy of the Affidavit which was filed, the landlord may not lock the tenant out or otherwise provide for the "nonadmittance" of the tenant.
There are specific variations to the summary eviction procedure when a landlord is seeking an eviction for reasons other than rent.
www.co.clark.nv.us /justicecourt_lv/faqevictland.htm   (755 words)

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