Eviction And Your Defense
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An eviction notice is an order informing you that you will be removed from your home on a specific time and date. The eviction notice will be personally handed to you at least three days before you are expected to leave. On the date of the eviction the bailiff will explain that you are being evicted and that you must leave the property right away. You will be given a maximum of ten minutes to pack a few personal items. After this you will have fourteen days to collect the rest of your possessions such as your clothes and furniture.
However, if the landlord has already obtained a judgment for possession against the debtor before the bankruptcy filing, the automatic stay does not stay the eviction unless the debtor completes the section on Page 2 of the Voluntary Petition entitled "Certification by a Debtor Who Resides as a Tenant of Residential Property", makes the required certifications in that section, and deposits with the bankruptcy court any rent that would become due within 30 days after the bankruptcy filing date. Thereafter, the debtor must also cure the entire rent default that gave rise to the judgment for possession within 30 days.
If the Judge signs your Order to Show Cause you must then personally deliver (serve) a copy of the Order to Show Cause to your landlord’s lawyer (or to the landlord if there is no lawyer) and to the marshal. Ask the person who accepts the copy to sign your copy and stop eviction in los angeles write the date and time when the copy was delivered. If the person will not sign, make a note on the back of your copy of the date and time you delivered the copy, the address, and a description and/or name of the person who took the papers. Returning to Court.
Evictions for renters are handled by strict contract law standards and the tenant often has more rights than the landlord. In many states, tenants can sue their landlord for breach of contract, possibly harassment and receive many times their monthly rent if they win the law suit. Some cities make it extremely difficult to evict tenants for any reason. This is not the case with foreclosure evictions because the former homeowners are not tenants. Well-meaning people often tell foreclosure victims about experiences they know about where tenant/landlord law was involved. Again, this is not the situation where foreclosures are involved.
When you are evicted, you still have a right to get your personal property. A marshal can evict you in two ways. First, the marshal can change the lock on the door to your apartment and leave a notice stating that you were evicted. Your landlord should then provide you with access to remove your belongings from the apartment. Second, the marshal or your landlord can have a moving company remove all of your possessions and put them into storage. You should be told where your possessions are being held. If your things are at a warehouse, you will have to pay a fee to get them.
Some tenants may also receive a notice titled “RCW 59.18.375 Payment or Sworn Statement Requirement” at the same time or soon after their summons and complaint is delivered. Look closely for this notice, as it requires extra attention and response. Tenants who receive such a notice must file a sworn statement with the court or pay the amount owed the landlord into the court registry within 7 days of the date the case is filed with the court (by the deadline stated on the notice) in addition to filing their answer or notice of appearance. Essentially, this will just “buy” you the opportunity to have a hearing.
