Once you have been issued with an eviction notice form, you are required to stay calm.  An eviction notice is something that no-one would wish for, however after receiving it, you should not sit and do nothing about it, you should be quick to think a way out. Reclamation process also needs to be started since this is the time where financial difficulties may check in. this is the time you need to be a shrewd thinker and see among the various options which one can help you get over the lines in terms of eviction.

The most ideal way to put yourself out of this trouble is by selling your house immediately, especially when you are mixed up and don’t know what to do. You will not be able to sell your home due to legal constraints, if the legal process is commenced; this is why you need to be able to sell your home before it happens. The mortgage amount overdue can become a disaster, however, during the entire process you need to be composed. You are required to act immediately, once you are issued with a 3 day Notice to Pay or Quit. Or else, you may find yourself being issued with an eviction notice form to vacate. With this in mind, it is vital for you to act shrewdly and an instant response to the court’s letter must be made. 

After receiving a 3 day notice, you should not give up on coming up with a solution. It is best required for you to respond to the notice instantly, and then look for professional services. You need to keep in mind that being too cautious about everything will not be of help at this time. The eviction process can become too stressful for you to handle, however, if you consider the above mentioned factors, then the whole process will be streamlined. Accordingly, suitable legal services can be of help for you to overcome all the difficulties related to eviction and foreclosure. 

Eviction is where the landlord can lawfully get you to move out. You stay put if you win. If you do not try and defend yourself and lose, you will have only a month from the filing of the eviction lawsuit before you will be locked out by the sheriff. When you try to defend yourself by doing something, even if you lose, you may end up getting more time like 2 to 5 months. Our record is one year 2 months, and it could have been longer. The landlord gave up over $8,000 in back rent just having the tenant leave, so we settled for that.

How an eviction begins is by an eviction notice form, and then followed by a lawsuit known as “unlawful detainer” aka UD as the initials. If you succeed, you stay in possession and the landlord has to refund you for your legal expenses. On the other hand, if you lose, you are given a 5-day notice before a lockout by the Sheriff and finally you evacuate. Once you are locked out, you can go back and get your stuff. During this process, you pay no rent, you still owe it, but it stays with you whereby you can use it now to pay for your legal expenses to fight the eviction (thanks to the Landlord!) and to pay for your moving expenses if you are in need to do so. 

Landlords aim is to try and scare you into moving, and not fighting it. This is for the reason that they know how much bother you can give them and how costly it can be to evict you. Below 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 789.3 prohibits that [for residential tenants] and makes the landlord liable to you for actual costs plus $100 per day that it continues, and the police will back you on this one [Penal Code 484]. 

 (2) 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 court's determination, first.

 (3) 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 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, too [Penal Code 484].

 (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 1940.2 prohibits that, and makes the landlord liable for $2000 for each such attempt, in addition to your actual losses. The police will back you on this one, as well [Penal Code 518].

Do not take the 3 day notice for granted because it is important. Regardless of having taken care of the legal matters, you should also respond to the notice immediately to avoid legal penalties. Abiding the law is the first thing you should put in mind, since the eviction related matters can be complex and doing so, will help you get things done without much hassle. Make sure that you act immediately towards the notice you have received from the court if you do not want things to go haywire for you. A professional can also explain to you other few strategies that can help you delay the courts proceedings.

30 Day Notice To Vacate

 A 30 day notice to vacate is usually given several names like 30 days’ notice, 30 day eviction notice, 30 days notice to vacate, 30 day notice to quit, or a 30 day notice to move out. They all are the same having similar legal requirements on the owner whether it’s the bank, landlord or property owner that is making a lawful complaint against you. They all issue you with some lawful rights and lawful obligations as well. 

There are certain dissimilarities in the intent of each form; however each form has several shared requirements which are as follows:

• All forms are required to be in writing

• All the forms must have the date of the notice, tenant’s full name and address

In instances where you may be requested to vacate the property for the reason that you have not obeyed certain rules of lease, rental agreement, or purchase plan, the notice must stipulate exactly what section of the agreement you are indicted to have violated and permit you 30 days to rectify the problem and evade from eviction.

It important you respond and fulfill what’s required with a 30 day notice to evacuate from the property, the property own can sue you in court. In such situation is best you seek professional help from specialists with great experience in dealing with sector of the law. A professional will assist so that you can gratify your landlord and continue living in the premises, or renting your business property. A professional will also help you to tackle issues that are affected by Section 8 housing and mobile homes since different laws apply for such cases after receiving a 30 day notice to vacate, a 30 day notice to quit or a 30 day eviction notice. 

3 Day Notice To Quit Or Pay 

A legal procedure should be followed by either the landlord or bank before lawfully evict you from your home or a rental unit. Usually, a notice is issued before the eviction process, for instance, a 3 day notice to quit. You can access our offices for eviction assistance particularly if your landlord or bank tries to evict you from the unit without having served you with a notice before doing so.

It is good you know that the landlord or the concerned authorities have the lawful authority to sue you in Court with an eviction lawsuit, known as an Unlawful Detainer in cases where he/she had issued you with a notice before and you failed to comply with it. There are quite a few kinds of notices that your landlord can issue you with, these can be of (3-days, 30-days, 60-days or 90-days) regarding the terms and conditions he/she agreed to. Rules may change in cases where you are in subsidizing housing (Section 8 Voucher) or you reside in a mobile home park. Below are the some common samples of letters they may use:

3-Day Notice to Quit or Pay Your Rent

This notice must be in writing and is commonly used first by the landlords when the tenant is behind on the rent. This notice comprise of the following: 

• The date of the notice posting, the tenant(s) full name and address

• Request for the amount of the rent that has not been paid to the landlord where the notice must be issued after the stated amount becomes in arrears state not before. 

• An articulately written statement reading that the tenant is given 3 days to either pay all the rent that is currently unsettled  or Quit (meaning you need to move out from the house) and

• The details of the party or person to whom the rent payment shall be made to, this includes the name, telephone number and address. If the payment will be made in person, the time shall be clearly indicated so that the payment is settled. 

3-Day Notice to Quit or Perform Covenants 

In cases where the tenant is breaching the lease /rental agreement and the problem can be resolved, it is when the Landlords usually use this notice. For instance, the tenant is subleasing/ letting-out the unit to someone else or permitting more people to move in, not maintaining cleanliness or having late night large gatherings of people is in the defilement of the contract, the notice needs to ask the tenant to rectify the defilement in 3days or vacate out of the unit. The notice must be in writing and consist of the following:

Landlords typically use this notice when the tenant is breaking the lease/rental agreement and the problem can be fixed. For example, if the tenant is renting the unit to another person / subleasing or allowing others to move in, not keeping the unit clean or having large gathering of people late at night, is in violation of the agreement, the notice must ask the tenant to correct the violation within 3 days or move out of the property. The notice must be in writing and include the following in it:

• The date of the notice posting, the tenant(s) full name and address

• Exact details those are clear explaining what the tenant did to breach the contract; and inform the tenant(s) that the problem must be fixed or he/she must vacate out of the property in 3 days.