Eviction is not a fun thing for anyone to think about when they are renting a property. This goes for both the renter and the landlords. Renters don’t want to be evicted, and landlords don’t want to deal with all the paperwork and legal matters.
Funny enough, there are a lot of myths as to what actually happens in an eviction. Since it’s not common to get served with an eviction notice, many people are unsure what to do when it happens.
In this post, we’ll go over five common eviction myths you should know about.
Myth 1: No room to negotiate
First of all, let’s talk about one of the most common myths out there. Many people have this belief that evictions are an automatic process with little to no room for negotiation. This is completely false. An eviction may be difficult to carry out, especially if you have a good case on your hands, and it’s never a foregone conclusion.
The first thing you should know about this whole process is there are several types of eviction notices, and not all of them require immediate action on your part. For example, in some cases, a landlord may serve you with a “Notice to Quit.” This is not an eviction notice per see, but merely a warning that the tenant has a certain number of days to fix the issue at hand, such as violating the conditions stated on their lease.
If you’re sent one of these forms, you have room to negotiate a more favorable solution for yourself. You can see if you could do something to immediately fix the problem or have an extended amount of time to address the issue.
Myth 2: If rent is late, my landlord can kick me out right away.
This is another big eviction myth. It’s so common for rent to be late, and many people make the mistake of thinking this right away means they will get evicted. In fact, you can’t be forced out until your landlord files a case in court against you. This is when it becomes an official eviction, and the law gets involved.
So what does happen if you’re a few days late with your rent? A lot of the time, it depends on what is stated in your rental agreement. Many landlords allow tenants anywhere from 3 to 10 days before they file an eviction notice if the tenant is late on their rent.
Myth 3: I’ll immediately get kicked out
It is very rare for a tenant to actually get evicted on an emergency basis, which is when you have a 24-hour period to vacate the premises. In fact, this only occurs when your landlord gives you an “eviction writ” before the court.
Your landlord will probably give you a warning before they actually evict you. This, of course, is assuming you’re not doing something inherently illegal like selling drugs or committing human trafficking.
Myth 4: I’ll lose everything I own.
Just because you’re getting evicted doesn’t mean you will lose everything. Yes, you will have to leave the property, but this doesn’t mean your landlord can take everything from you.
So what does happen? No matter what is said in your lease, you are still entitled to all of your belongings. If you are evicted, your landlord is legally obligated to leave all of your stuff behind for you to claim.
There is probably a certain time window where it’s okay for your landlord to toss out your stuff, though, so be aware of what that time limit is.
Myth 5: You won’t receive a judgment until the end of the case.
Many people assume you won’t get a judgment served against you until the very end of your case.
However, this is not true. An eviction can be immediately processed if your landlord has evidence you intentionally broke the terms of your lease or you have been a negligent tenant.
This can be done immediately, during your court date, and even before the judge hears both sides of the case. If the landlord has evidence that you broke a serious clause in your lease or acted negligently, they can file for immediate eviction without going through an entire hearing process.
There are many different types of eviction myths out there that can be easily debunked.
It’s important for tenants and landlords to realize what they can and cannot get away with in terms of evictions so they know when the law is being broken or bent. Even minor misconceptions regarding eviction laws can be very costly, and you don’t want to end up paying the price for your or your landlord’s mistakes.
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