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Nobody likes moving.However, its not something you couldnt have chosen to do, in your own sweet time.Archives and past articles from the Philadelphia Inquirer, Philadelphia Daily News, and Philly.Knights, who is African American, once owned a home in South Los Angeles, but she lost it to foreclosure after her husband died.Now she pays 2,125 a month to rent a.And there we are you might want to move, but just not yet.Most clients have lots of fun doing this, driving the landlord crazy.Try to have an open mind.You may think that you dont have a chance to win, but only because you dont know.For example, contrary to popular belief, winning a case over nonpayment of rent is actually the easiest for the tenant to win a defective notice, prior illegal late fees or repairs that you made, uninhabitable conditions that exist now, unsatisfied citations by the building or health department, illegal structures, unlicensed managers, unregistered fictitious business names, miscalculations, waivers, special agreements with the prior landlord, unsigned leases, confusing lease languages, illegal lease terms, rent control requirements,the list goes on and on.One little mistake in the landlords case and you win, even if the real reason you didnt pay is because you didnt have the money.Winning, in reality, is getting what you want, or getting the best with what youve got.Its about practical consequences, not just winning the trial.While youre fighting the eviction, youre not paying any rent, so you can save up to move and take the time to look around.Just by fighting the eviction, youre gaining the time to take it easy, the pressure is off, and you can calmly look for a new place, if thats your plan.Youre watching your frustrated and angry landlord being held at bay ironically by the process he chose, rather than work things out with you, peacefully and reasonably.Youre seeing his embarrassed and confused lawyer scrambling to keep pace with your better tactics, while your landlord is wondering why hes paying so much for a lawyer who is being outwitted by his unrepresented tenant.Its hilarious. And then, on the day of trial, they buckle, and all their saber rattling comes to an end you get what you wanted.I see it over and over again.All you need to do is play the game better that they do, and if you have a winning case, all the betterThe Second Step Take Action.The Eviction Process.Eviction is the means by which a landlord can legally get you to move out.If you win, you stay put.If you did nothing to stop it, you would lose but have about a month from the filing of the eviction lawsuit before you would be locked out by the Sheriff.If you fight it, getting 2 3 months more time even if you lose is easy.My record is now 4 years not a misprint it could have been longer were it not for judicial corruption, and that case is now on appeal.That was an unusual situation, for sure, but eviction cases lasting for several months to more than a year are not uncommon.Each case depends on the facts, the law, the Plaintiffs lawyer, the judge, the clerks and what you want to invest in getting the additional time.As shown in the diagram below, eviction usually starts with a notice, then goes to a lawsuit called an unlawful detainer, or UD for short.If you win, you stay in possession and the landlord has to reimburse you for your legal costs.If you lose, the Sheriff has to give you a 5 day notice before a lockout, and finally you leave.You can go back and get your stuff after being locked out.While youre in this process, you pay no rent you still owe it, but it stays in your pocket.You can use that money to pay for legal expenses to fight the eviction thanks, Mr.Landlord and to pay for moving, if you choose to do that.Landlords try to scare you into moving, and not fighting it, because they know how much hassle you can give them, and how expensive it can be to get you out.Here are the common myths 1 The landlord CANNOT lock you out, remove your property, remove doors or windows, or turn off utilities to get you out, in lieu of court Civil Code 7.Penal Code 4. 84.The landlord CANNOT have the police or Sheriff arrest you for overstaying your welcome, instead of going to court.The Sheriff may be used to serve the eviction papers, but anything beyond that awaits the courts determination, first.The landlord CANNOT barge in and start doing major construction to make it impossible to live there, or otherwise interfere with your quiet enjoyment to force you out Civil Code 1.The police will back you on this one, too Penal Code 4.The landlord CANNOT threaten to report you to immigration authorities or other law enforcement, nor make any other threat to get you out.Civil Code 1. 94.The police will back you on this one, as well Penal Code 5.If the landlord wants you out, he can negotiate with you, wait for you to go, or take his chances in court with the UD.Foreclosures If you are a homeowner or the tenant of a property owner who is facing foreclosure, or has lost the property through foreclosure, there are thousands like you through California faced with the same dilemma.Your rights in an eviction depend on whether you are the former owner, a tenant of the former owner, or a guest of either of them.Congress passed the Protecting Tenants at Foreclosure Act of 2.PTFA for short and California amended Code of Civil Procedure 1.The PTFA continues in effect through 2.California law continues in effect as the new law from 2.Before the property went to foreclosure sale, you were supposed to have been given a special notice under Civil Code 2.It is rare that they do this.For the Former Owner.The time line on a foreclosure is this Usually after a few months of mortgage delinquency, the bank records.Notice of Default, giving the owner 9.If that doesnt happen, the next step is the bank giving a 3.Notice of Trustees Sale, which is also recorded, posted, and mailed.The trustees sale is the auction where the property is sold to the bank or a new buyer.Just before the trustees sale is the time when many property owners file for bankruptcy, because they will be hit with a huge tax bill when their mortgage is no longer their debt the IRS sees it as income.Therefore, owners file bankruptcy, which stalls the eviction for about a month or so until the bank can get the bankruptcy judge to let them proceed with the foreclosure and eviction.One quirk in the legal system is where a desperate property owner is met by the vultures who have seen the recorded Notice of Default indicating a pending foreclosure.They prey upon the desperate and often use we can help devices like an equity purchase where they buy your interest in the property under the guise that they will cover your mortgage payments for a while until you can financially recover, and you pay them rent.As you can expect, they dont pay the mortgage, but just collect your rent, and let the property continue through foreclosure.If you are one of those, you have the right to sue them but the banks foreclosure will probably continue.If you are the former owner, once the foreclosure sale is over and the trustees deed back to the bank or the new buyer is recorded in the county recorders office called perfecting title, the new owner has to give the former owner a 3 day notice to quit.If the former owner doesnt move by that time, then the new owner has to file an eviction lawsuit to get a judgment, as in any other case as described below. |
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