Let A Landlord Tenant Lawyer Help You Fight Eviction

If your rental or lease agreement has a lawyer clause the attorney is more likely to take your case. The lawyer clause means that if your attorney wins your If you are facing eviction and you want to fight back against your landlord to stay in your home you will need to research hiring landlord tenant lawyers. If you hire an attorney you will have a much better chance of fighting against your landlord. There are many valid points that landlord tenant lawyers may use to fight your eviction notice. When you are contacting local landlord tenant lawyers you will need to set up an appointment to meet with a couple of the attorneys that you made contact with. When you go to an appointment your lawyer will ask to see your copy of the rental or lease agreement. They will also ask you if you are behind on your rent or lease payments.

You will need to explain in detail what issues eviction case he or she will be able to charge your legal fees to your landlord or Rental Company, the landlord or Rental Company will also be responsible for all of the court costs that are associated with your eviction, this is contingent on your attorney winning your eviction case.

Under the supervision of landlord tenant lawyers you may have the right to with hold rent payments or to pay for needed repair work and deduct it from the rent payment.

• If you hold rent payments your attorney may have you put the rent payments into an account to be paid upon the completion of the needed repairs by your landlord.

• You decide to do the repairs yourself and only use the withheld rent money for the price of the supplies.

The Illegal Ways A Landlord May Try To Evict You

• The landlord may change the locks on your door or take the front door off of the hinges

• The landlord may turn off your electricity

• They may pack up all of your belonging and put them outside

No landlord has the legal right to threaten you with the illegal tactics that are located above. There are legal procedures and statues that must be followed when a landlord wants to evict a tenant. When you hire landlord tenant lawyers they can help stop your landlord from using any illegal eviction tactics.

If your landlord has Discriminated against You

Discrimination is illegal and your landlord is liable for damages if you can prove that discrimination has taken place against you. You may also want to report it to HUD, which is the Housing and Urban Development (HUD). If HUD determines that discrimination has taken place they will have a HUD lawyer take over your case pro bono which means that they will do it for free.

If you have been hurt on the premises of the rental company's property such as, there is a hole in one of the walk ways on the property. The landlord has been told repeatedly about it and you fall and hurt your leg the landlord may be held accountable in the court of law. You have every right to sue your landlord and the rental company. Your attorney will put together a case. You could receive compensation for your fall.

Visit Viewmylawyer.com attorney video directory and lawyer finder where you can find landlord tenant lawyers or find a landlord tenant lawyer.

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How to Handle Evicting a Tenant

Introduction to Eviction Process

Before you get a marshal or a sheriff to evict your California tenant, you must first receive an unlawful detainer judgment. You accomplish this by filing an unlawful detainer action (a lawsuit) against the tenant. Even though most landlords win those lawsuits because the tenant fails to show up for the hearing, it is important to follow the formalities in giving the proper notice to the tenant. Otherwise, your case will be delayed on technicalities.

Three-Day Notice to Pay Rent or Quit

In cases where a tenant fails to pay rent, prior to filing your unlawful detainer action, you must give your tenant a three-day notice. The notice must include your tenant's name, a demand to pay within three days or move out, and a statement that you will commence a legal action. California Code of Civil Procedure Section 1161(2). You or any other adult over 18 years of age can serve the notice upon your tenant. If the tenant refuses to take the notice, you may just drop it at his or her feet. If the tenant does not open the door, you may slide the notice under the door or shout, "I'm putting the notice under the doormat!"

If, after three full days, your tenant neither pays nor moves out, you may commence the unlawful detainer action. You don't have to accept full or partial payment tendered after the expiration of the three-day notice, but if you do accept such payment, you lose your eviction rights until the tenant is late with the rent again and you serve another three-day notice.

After the tenant has had three full days to pay rent (counting the day after service received as the first day), you may commence your unlawful detainer action for failure to pay rent.

30-Day Notice

In cases where a month-to-month tenant fails to move out after you've terminated the tenancy, you may use a 30-day notice if the month-to-month tenant has lived at the property for less than a year. If the tenant has lived at the property for more than a year, you must give a 60-day notice (even if the tenant pays bi-weekly or weekly). A 90-day notice is required for some government-subsidized tenancies. The requirements for service are essentially the same as for a three-day notice. The 30-, 60- and 90-day notices are most appropriate where you want to evict tenant for a small violation, insignificant nuisance/damage or without just cause (if your jurisdiction allows evictions without just cause). San Diego allows eviction without just cause, but only for tenants who have resided at the property for less than two years. San Diego Municipal Code Sec. 98.0730. Santa Monica, Los Angeles, Beverly Hills, West Hollywood, Glendale, Palm Springs and San Francisco do not permit evictions without just cause. That means that a landlord may evict only for reasons enumerated in the applicable ordinances. The usual reasons are nonpayment of rent, nuisance, refusal to give landlord reasonable access to property, unauthorized subtenants, etc. It's usually better to use a three-day notice in cases of nonpayment of rent.

After you've served the 30- or 60-day notice, you must wait 30 or 60 days before filing your unlawful detainer complaint. A judge will usually hear and resolve the case within twenty days of filing. California Code of Civil Procedure Section 1170.5(a). If the decision is in your favor, the judge will issue a writ of possession (California Code of Civil Procedure Sections 712.010 and 715.010.) which orders the sheriff to remove the tenant from property if the latter does not leave voluntarily within five days.

To find out more, please contact San Diego business and employment attorney Sergei Tokmakov. Call now (858) 205-5665 for a free consultation or business and employment law info.

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