Arrive home and find an Eviction Notice posted to your door?
Get an envelope in the mail?
Coldly greeted by a property manager or, worse, a process server?
What happens next?
Get an envelope in the mail?
Coldly greeted by a property manager or, worse, a process server?
What happens next?
When a landlord wants to get your out of the property, they can't simply evict you on their own. They have to give you some kind of written notice and then proceed to court. Most notices (such as for non-payment of rent, the most common) give you a certain amount of time to cure the problem -- either 72 hours or 144 hours -- before the landlord can go to court and file an eviction case (known as an FED, or Forcible Entry and Detainer).
The legal requirements for these notices vary depending on what kind of tenancy you have, whether a term lease (e.g., for a year or six months, etc.) or a month-to-month tenancy. Thus, every type of eviction notice has certain and specific legal requirements that a landlord must include.
If a landlord prepares a faulty or deficient notice and then tries to proceed with an eviction in court, a tenant has a great defense to fight the eviction. In addition to the requirements of the actual notice itself, there are also legal requirements that specify how a tenant can served with the notice.
The Residential Landlord and Tenant Act provides for an award of attorneys fees to the prevailing party in eviction cases, so you can often retain a lawyer to represent you against your landlord without having to pay any costs upfront to your attorney. Then if you win, those legal fees must be paid by your landlord.
Landlord/tenant law isn't typically a very clear-cut area of law, and often the circumstances of the situation make it extremely stressful for tenants. But the legal requirements for a landlord to be successful are often quite technical, and thus, it's easy for an over-zealous landlord to attempt to proceed with an eviction, only to end up losing.
If you've received an eviction notice, the landlord or property manager has already played their hand. Instead of contacting them directly about it, your first call should be to an attorney who can help you understand the situation, evaluate your options, and help you find success in seeking a resolution.
Contact us for a free consultation.
The legal requirements for these notices vary depending on what kind of tenancy you have, whether a term lease (e.g., for a year or six months, etc.) or a month-to-month tenancy. Thus, every type of eviction notice has certain and specific legal requirements that a landlord must include.
If a landlord prepares a faulty or deficient notice and then tries to proceed with an eviction in court, a tenant has a great defense to fight the eviction. In addition to the requirements of the actual notice itself, there are also legal requirements that specify how a tenant can served with the notice.
The Residential Landlord and Tenant Act provides for an award of attorneys fees to the prevailing party in eviction cases, so you can often retain a lawyer to represent you against your landlord without having to pay any costs upfront to your attorney. Then if you win, those legal fees must be paid by your landlord.
Landlord/tenant law isn't typically a very clear-cut area of law, and often the circumstances of the situation make it extremely stressful for tenants. But the legal requirements for a landlord to be successful are often quite technical, and thus, it's easy for an over-zealous landlord to attempt to proceed with an eviction, only to end up losing.
If you've received an eviction notice, the landlord or property manager has already played their hand. Instead of contacting them directly about it, your first call should be to an attorney who can help you understand the situation, evaluate your options, and help you find success in seeking a resolution.
Contact us for a free consultation.
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