If Your Landlord Gives You an Eviction Notice, Do You Have to Move That Day?
If your landlord gives you an eviction notice, the first thing you probably wonder is whether you have to move that day. While tenancy laws vary from state to state, landlords are always required to give you notice and your day in court before an eviction can take place. By understanding your rights as a tenant, you can prepare a defense for court and use the time to find a new place to live, if necessary.
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Initial Notice
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An eviction notice, or notice of termination, indicates your landlord's intent to evict you if lease conditions are not met. The landlord cannot demand that you leave immediately. The number of days on the notice of termination will vary depending upon the state in which you live, but during the three to five days generally given on the notice, you have the option to stop the eviction process by meeting the lease conditions. For example, according to Nolo.com, if your rent is late, your landlord has to accept payment of the rent to stop the eviction process.
Going to Court
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If you are unable to remedy the problem in the time frame allowed by the notice of termination, your landlord must serve you with a summons to court by filing an unlawful detainer lawsuit. Seek legal assistance immediately from tenant organizations or legal aid attorneys if you receive an unlawful detainer summons, suggests the California Department of Consumer Affairs. You may be able to defend your tenancy, or even seek monetary damages from the landlord if he refused your rental payment, or if the residence is not up to code.
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Illegal Eviction Actions
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Your landlord cannot evict you without following court procedures. She also cannot make the property uninhabitable to force your departure. For example, if your landlord turns off utilities or changes the locks, you can sue for damages and expenses caused by her unlawful actions, notes Nolo. Even if you lose the unlawful detainer lawsuit, the sheriff has to serve you with a writ of possession, which gives you five days to vacate the premises. After five days, the sheriff, not the landlord, will appear to move your belongings out of the unit.
Additional Information
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You may be entitled to special consideration if, during an eviction proceeding, you are an active member of the military. Consult an attorney to ensure that your rights are protected during the eviction process.
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References
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