{"id":2173,"date":"2022-01-14T04:24:06","date_gmt":"2022-01-14T11:24:06","guid":{"rendered":"https:\/\/samlaw.net\/?p=2173"},"modified":"2022-04-13T06:24:08","modified_gmt":"2022-04-13T13:24:08","slug":"what-to-do-if-youre-facing-rental-eviction","status":"publish","type":"post","link":"https:\/\/samlaw.net\/blog\/what-to-do-if-youre-facing-rental-eviction\/","title":{"rendered":"What to do if you’re facing rental eviction?"},"content":{"rendered":"
You wake up one morning to find an eviction notice from your landlord waiting for you. You have been evicted and will have to leave the premises in 3 weeks. This is where are you blinking the question yourself, what will happen if I cannot pay rent?\u00a0<\/span><\/p>\n Because you’re unsure what will happen if you don’t pay rent, you might want to read our article on what to do if you’re <\/span>facing eviction<\/span><\/a>.<\/span><\/p>\n Rental Eviction Brief Overview<\/b><\/p>\n Except for non-payment of rent, a landlord may remove a tenant for legitimate reasons, and the tenant has the power to appeal the eviction.<\/span><\/p>\n Evictions can happen to anyone.<\/span><\/p>\n The most prevalent cause of eviction is a tenant’s failure to pay rent. Tenants are not permitted to withhold rent to compel the landlord to do something, such as make repairs. The landlord has the legal authority to demand that the rent be paid in full when it is due.<\/span><\/p>\n If the renter cannot pay the rent and informs the landlord in advance, the landlord may allow the tenant to stay and pay rent later or over time. On the other hand, the landlord is under no duty to do so.<\/span><\/p>\n Among the other reasons for eviction are:<\/span><\/p>\n There is a lot of fine print, as with any government rule. Here’s what you can do if you’re late on your rent or don’t believe you’ll be able to make it this month.<\/span><\/p>\n 1. Verify whether you qualify for the moratorium.<\/p>\n For the moratorium to protect you from eviction until June 2021, each individual on a lease must declare that the following points are true under the penalty of perjury.<\/span><\/p>\n 2. Determine whether you have any emergency cash that can assist you in making payments.<\/p>\n Various resources have been set aside by cities, counties, and states for emergency rental support during the coronavirus epidemic. Find out whatever programs you could be eligible for and apply for them.<\/span><\/p>\n The National Low Income Housing Coalition maintains a directory of COVID-19 emergency assistance programs in states and municipalities.<\/span><\/p>\n 3. Inform your landlord of your situation and try to reach an agreement.<\/p>\n Contact your landlord once you’ve confirmed that you’ll be unable to pay your rent owing to the problems brought by COVID-19. Inform your landlord of your condition and attempt to reach an agreement that works for both of you.\u00a0<\/span><\/p>\n If you’re a decent renter, your landlord will most likely appreciate your reaching out sooner rather than later and will most likely work with you to reduce the loss of rental revenue.<\/span><\/p>\n For example, if you’re currently unemployed but anticipate getting a job or an infusion of cash soon, consider offering the following:<\/span><\/p>\n Whatever agreement you reach with your landlord, make sure to obtain it in writing to protect yourself if your landlord decides to file for eviction later.<\/span><\/p>\n 4. Understand Your Rights<\/span><\/p>\n To evict you from your rental agreement, your landlord must first provide you with proper notice in writing and follow specific rules. You have a few alternatives at this point:<\/span><\/p>\n Again, before filing an actual eviction, the property owner or management must serve the tenant with notice. This notice may be delivered due to unpaid rent, property damage, unlawful activity, or a breach of the rental agreement.<\/span><\/p>\n If the renter does not react to the stated notice period, the property owner or management can file an Unlawful Detainer with the Superior Court.<\/span><\/p>\n Contested Eviction<\/b><\/p>\n The tenant has 10-15 days to react once the court files the unlawful detainer. The eviction becomes challenged if the tenant answers and decides to fight the case. There will be a trial date scheduled, and the property manager must appear in court to present their case.<\/span><\/p>\n Uncontested Eviction<\/b><\/p>\n If the tenant does not react within 10-15 days after the filing date of the Unlawful Detainer with the court, the case becomes an uncontested eviction. There’s no need to set up a trial date., which significantly shortens the eviction procedure in most circumstances.\u00a0<\/span><\/p>\n Although the expenses of an uncontested eviction are often cheaper, additional conditions might arise in both contested and uncontested evictions.<\/span><\/p>\n Other Points to Consider<\/b><\/p>\n Depending on the court where the unlawful detainer was filed, there is a waiting period between each phase of the eviction procedure. Other factors, such as renters filing for bankruptcy, might cause the eviction to be delayed.<\/span><\/p>\nReasons for eviction<\/span><\/h2>\n
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What will I do if I can’t pay my rent?<\/span><\/h2>\n
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Eviction Process in California<\/span><\/h2>\n