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Find Eviction Lawyer

Eviction

Not every renting experience is pleasant. Sometimes tenants are disingenuous about their background or flagrantly disregard the rules of the community. When a landlord has a tenant who does not keep to the terms of the agreement, they may invoke the legal power of eviction.

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LunaLaw, LLC

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18 years in practice
Criminal Defense, Divorce & Family Law, Eviction, Sexual Assault, Trust & Estate
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LunaLaw, LLC

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18 years in practice
Criminal Defense, Divorce & Family Law, Eviction, Sexual Assault, Trust & Estate
View Profile

Forcibly Removing Tenants

Eviction is every renter’s worst nightmare. A legal tidal wave that sweeps away their sense of safety, stability, and comfort. In order to avoid the worst consequences of eviction it is important to understand the process of eviction as well as how to fight back against it.

The Eviction Process

Eviction is not a quick process. A landlord cannot decide on a whim to evict a tenant and have it be enforced by the court. First, the landlord must give what is known as a “pay or quit” notice. This notice informs the tenants formally that they are in violation of the lease and notes the number of days the tenant has to correct this issue before it is brought to the courts.

If the time period passes without the issue being corrected, then the landlord will file a formal eviction complaint along with a summons to bring the tenant into court. At this summons both the tenant and the landlord will present their case to the judge about the situation and the judge will make a ruling. If the judge finds for the landlord, then the tenant must vacate the property and if they refuse, law enforcement may be brought to bear against them.

Fighting an Eviction

One of the most important things to do if someone is trying to fight an eviction case is to correct whatever issue caused the breach of lease agreement. This could mean removing excess tenants, relinquishing pets, or paying rent that is overdue. If the underlying issue is not fixed, then a tenant is unlikely to win the judge over to their side. It is important to note that even in states that have implemented an eviction moratorium, this only prevents the landlord from executing the judgment of an eviction, they can still complete the eviction process to be completed when the moratorium is lifted.

Helping You Command The Market

If you are facing eviction and need help pausing or contesting the process, you will need the help of an experienced real estate law attorney. A real estate attorney is able to focus completely on your case, zealously advocate for your interests, and get you the best possible outcome.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL, we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today to be matched with skilled and experienced attorneys in your area who practice real estate law.

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Eviction Frequently Asked Questions

1. What is an eviction?

An eviction is a forced removal of a tenant from a property. Evictions are a lengthy legal process that landlords can use to legally expel a tenant from their property. If a tenant resists an eviction, law enforcement can become involved.

2. How long does an eviction stay on your record?

An eviction charge can stay on an individual’s tenant screening report for up to seven years. This means that housing can be very difficult to obtain for nearly a decade as the specter of an eviction follows the would-be tenant from application to application.

3. How can I get evicted?

The most common cause for eviction is a failure to pay rent. Other reasons for eviction can vary depending on the terms of the lease agreement. For example, if there is a clause in the lease about not smoking indoors, then violating this clause could result in eviction proceedings.

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