Tenant Eviction Notice – How to Respond

Many states try to stabilize the legal rights of renters and the needs of home owners regarding processing of tenant eviction. In California, any landlord can seize a monthly tenancy with thirty to sixty days notice depending how long the tenant lives in the apartment.

In this situation, you must move out or perhaps you can ask the landlord and he terminates the tenancy. You can also convince him to allow you to stay. However, in some cities especially in San Francisco, the landlord has the legal reason to evict the tenant. The kind of eviction notice you get mandates how you must answer.

In some other states, landlords are allowed to have freedom to dispose the property of a tenant that is left behind after he moves out. Even in any states, this kind of work is legal only if it’s clear that the tenant has permanently left, and turns over the place to the landlord. In most states, landlords often follow notification and storage procedures. The following are the things to consider on how to respond to a landlord when there is an eviction notice.

Contact the landlord

Regardless what type of eviction notice you get, try to sort things out. According to California Department of Consumer Affairs, landlords often serve 3-day eviction notices when there is something went wrong. If you have sort out the problems like past due payments, the landlord will offer you another chance. However, if you have unlawfully used of the rental property, the landlord can tell you immediately to leave. You cannot talk him and beg you to stay.

Analyze the 30 or 60-day notices

In case the eviction relies on something that cannot be sorted out like owner move-in or perhaps extensive building renovation, the landlord will provide you any of the two notices. If you reside in the unit for more than one year, the law in California requires landlords to furnish 60 days notice. All tenants must have thirty days’ warning. If the reason for eviction is valid; the best alternative is to move. If you don’t want, discuss the issue with the landlord.

Move out or do nothing

Try to fix issues with the landlord or if you want you can move out once you receive a 3, 30 0r 60 day notice of eviction. According to San Francisco Tenants Union, the landlord cannot force you to move out unless he must take the issue to court and proceed for the eviction.

Respond to the second notice of eviction

According to San Francisco Tenants Union, if you do not respond to the notice of eviction, you lose the right to attend the hearing. After filing the official form with court called as “answer”, you can choose a trial with a jury or perhaps judge. In most cases, the decision will go through the landlord or either in your favor. If the landlord wins, you need to move out within 5 days. If not, the sheriff will arrive to let you go out.

Tips

Seek advice from the attorney or perhaps a lawyer. Even though it sounds expensive but this is the only way to sort things out.  The advice from the expert can increase the chance of successful eviction as said by the San Francisco Tenants Union. It is best to know your legal duties and rights before evicted by the landlord.

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