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Understanding The Eviction

If you’re renting in exchange for owning, you need to realize that there are an entire set of laws, right, rules and regulations - for landlords and renters. This involves eviction, although the laws differ depending upon the state.

Legal reasons for eviction
First, realize that, depending on your state of living, the landlord may not have to have a cause for eviction. For example, a lot of jurisdictions in California have laws that state that the landlord doesn’t have to have a reason.

In other places, San Diego, for one, the landlord has to have a reason after you’ve rented from them for two years. Before fighting eviction, get to know what the law is for your particular state.

A big number of states do have a set of legitimate reasons for eviction. Some of them are as follows:

• You didn’t pay rent.
• You breached some (or all) of the tenant/landlord agreement. This is a good cause to attentively read the rental agreement before signing it. Not understanding an agreement is not a lawful excuse for breaching said agreement.
• You’re provoking damages to the rental, or are allowing someone to remain that is causing damages to the rental. This contains the places around the rental, such as the parking lot.
• You or someone with you is a nuisance, spoiling the ease and enjoyment of your neighbors. This could be something as simple as playing your music too loud.
• You or someone with you is using the place for something illegal.
• You won’t allow the landlord to make repairs or inspect the rental.

Steps to Eviction
In general, a verbal eviction isn’t legal. In other words, your landlord can’t call or come over and tell you to get out. There are steps they have to produce, although, again, several are state-specific:

1. Written Notice - Depending on the cause for the eviction, landlords must give you a written notice recommending you to vacate the premises. The length of time you have to remove yourself is between 3 - 120 days; the causes, as well as state laws, are both aspects for how long you have.

2. Legal Notice - A landlord may file Unlawful Detainer, stating that you have violated the time period of the rental agreement. This is a legal document, filed in court. If you receive a legal notice, do not ignore it. If the reason is nonpayment of rent, you have the possibility to pay the past due amount and stay in the residence, in most cases.

3. Being Served - Especially in cases that have gone to court, you may be served a ruling of eviction by a sheriff. Again, in the majority of cases you have a set amount of time to vacate.

Should you get an eviction notice, read everything attentively. You may not need to get out instantly, and there may be things you may do to fight the eviction. Educate yourself!

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