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Eviction Blog

The Latest Eviction Delay Tactics

Because you can find anything you want on the internet, there are many new delay tactics out there that are being utilized by defendants in unlawful detainer actions.  The latest is the removal of the case from state court to federal court by feigning a federal court issue.  This does work in delaying the matter for a few weeks, but it is risky and the federal courts are wise to it.  Also, the Defendant is leaving the door open for sanctions, which the courts are now granting with regularity.

Buying Property With Existing Tenants

Whether you are buying foreclosed properties or are just buying REO properties through MLS, how do you deal with a pre-existing tenant situation?  I have pulled together some legal research (see below), and it says that "the new owner takes the place of the seller and becomes the new landlord." (Section 8.7)  So, if you are a new owner, and you assume the lease, you need to notify the tenant that you are the new owner and where they are to send the rental payments.  The tricky questions arise if they default on the lease and they were tenants under a prior owner that lost the property in foreclosure, and the trustee's sale took place less than a year ago.

Buying A Foreclosure Property With Tenants

So, you've bought a home in a trustee's sale on the courthouse steps and you've just found out that the prior owners are not living there, but tenants of the prior owners are.  What does that mean?  According to the "Tenants in Foreclosure Act of 2009", that means that you have to give them 90 days' notice before filing an eviction complaint with the court.  Yes, 90 days.  The notice also has to have a special cover sheet entitled "Notice to Renters" which has specific language with regard to where the tenants can receive legal aid or legal help, and encouraging them to do so.

How Much Can A Tenant Delay An Eviction?

With the onset of the foreclosure craze has come a barrage of information on the internet regarding how to delay an eviction.  It used to be that very few were savvy enough to drag out an eviction for too long.  If a tenant doesn't do anything and is fairly easy to serve, the Sheriff can come within 3-4 weeks from the date of the filing of the complaint.
 
However, most tenants and/or occupants are filing answers -- which means that the case must be set for trial and it is a good idea to be represented by an attorney for the court appearance -- or they are filing Demurrers (documents which say the complaint or the notice is wrong on its face) or Motions to Quash Service (process server goofed).

Eviction After A Trustee's Sale

Has your home been sold in a Trustee's Sale and you've just been served with a 3-day Notice to Quit?  Is there a real estate agent hounding you to sign a Move-Out Agreement?  Do they look shady and aren't showing you any documentation or proof of ownership?  Keep your doors shut and give us a call.  If someone truly has purchased your property on the courthouse steps, their next step will be to file an Unlawful Detainer action (eviction) and then serve you with a Summons and Complaint.

Eviction Procedures Diagram

Here you will find an Eviction Procedures Diagram.  It shows the steps of an eviction in simple, laymen's terms.  I hope that this is helpful for you to understand the procedure of an eviction.
 
Happy New Year!
 
 

What Are the Procedural Steps in An Eviction?

The first step in an eviction is to give the tenant notice of their violation of the lease, whether it be for nonpayment of rent or violation of a covenant of the lease (e.g., trash all over, illegal activity or too many occupants).  It is important to have a proper form of notice provided by a knowledgeable source with up-to-date information.
 
After the proper notice has been served on the tenant, and the notice term has expired (their time is up), then you need to file a complaint with the correct court.

Welcome to my Eviction Blog

This is my first posting to my All About Eviction Blog.  I am going to try to discuss and give information on topics that I feel are being repeatedly asked by my clients.  Some of those topics will include:  "If my landlord files an Unlawful Detainer Complaint against me, how long do I have before the Sheriff arrives?" or "If I am in foreclosure, but there is a tenant renting from me with a long-term lease, what are the tenant's rights?" or "Can I evict my tenant, even though they are paying the rent, if they have more people in the unit than were originally stated in our lease?
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