When it comes to being a tenant, remember that you have a number of rights that a landlord can simply not take from you. Make sure that you are familiar with the answers to these frequently asked questions and realize that you can make the law work in your favor. By familiarizing yourself with certain terms and phenomenon involved in the legal procedure, you can make yourself that much more resilient against the forces of eviction.
What Is An Unlawful Detainer?
Eviction is a form of an unlawful detainer action that is levied against a tenant in order to remove them from a property after their legal right has passed the amount of time they can lawfully stay in a place of residence.
How Long Does It Take To Typically Evict a Tenant?
This is a difficult question to answer, as the laws and times not only vary from state to state but also from municipality to municipality. Generally speaking, however, the approximate time is 3 weeks. This is from the time that the rent is due, a writ is served and when the sheriff of your municipality will knock on your door informing you that you need to leave the residence. Again, it should be noted that this timeline can easily shift due to your location and the contingencies involved with your situation.
How Must The Landlord Serve Me a 3 – 10 Day Notice?
There is a specific way that a landlord must serve you a 3 to 10 day notice. He or she must deliver the notice to you personally, and you must have received the notice personally. If you are not home during this time and another person of legal age is available at your home, this is also considered a personal notice. If no one is present at your home at the time of eviction, then a 3 to 10 day notice can also be placed on your front door, provided that a copy of the notice is also sent to your address in the mail. It does not have to be delivered by the sheriff or a notarized public in order for the notice to be valid.
If The Last Day Of An Eviction Notice Falls On A Weekend Or Holiday, Is That Included In The Notice Period?
Again, this is usually a matter of inclusion on behalf of state and municipal law, but generally speaking, all weekend days are included during the notice period. However, in most cases, any day that happens to fall on a holiday is generally not considered part of the notice period, can be ignored, and the normal notice period will resume the following day.
Can Or Should I Negotiate With A Landlord In Order To Stop The Eviction?
You are able to negotiate with your landlord in order to stop the process of eviction at any time you deem fit, although it is generally recommended that, if you wish to negotiate with your landlord, you begin the process as soon as you possibly can. There are a few things that you should take into consideration before entering into a negotiation with your landlord. Any sort of agreement that you come to with your landlord should be made in writing and signed by both parties and, if possible, notarized. If you believe that your landlord is wrongfully or illegally evicting you, it is within your best interest to contact an attorney and do not attempt to negotiate with your landlord or the property management company that provides tenant services.
The experience of being evicted is, in fact, a daunting one, but knowing a few of the most common rights you have against eviction will help you if you ever find yourself facing eviction.