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Barry O’Conner – Eviction Process and Terms
|Bankruptcy||Tenant Repairs||Unauthorized Occupants||Unauthorized Pets|
|Leases||3-Day Notices||Lockouts||Security Deposits|
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term eviction is the most commonly used in communications between the landlord and tenant.
Many people have turned to bankruptcy as a solution to their financial situation. Whether to stop a foreclosure on a house, a repossession of a car or a wage garnishment, bankruptcy can provide a fresh start and allow you to rebuild your credit and get back on a healthy financial footing. Although it may be a fairly easy process to start, complications can arise that may make legal advice valuable before filing a bankruptcy petition.
Part of being a property manager is dealing with repairs. Appliances break, plumbing leaks, HVAC units will fail. It is just a matter of time before you receive your first tenant repair request. If a repair needs to be made because of a code violation, the law will usually spell out how quickly that repair needs to happen. But knowing what to do when you inevitably receive a call about a common repair and taking the appropriate steps before a tenant moves in can help you arrive at a solution quickly and effectively.
When you signed your lease, your landlord probably included a no subleasing or no unauthorized tenants clause, warns the Fair Housing Council of Orange County. Under the laws of California and most other states, your landlord can evict you if you sublease the apartment or have unauthorized roommates in violation of your lease.
Tenants sneaking animals into their rentals is a common source of landlord-tenant strife. Even if you choose to allow pets, you may find that tenants add to their furry families without consulting you, increasing wear and tear on the property without your consent.
A lease is a contractually binding agreement between two or more parties. In real estate, this contract is usually between a landlord, or property owner, and a tenant, person who rents the property. The lessee (tenant) agrees to pay the lessor (landlord) for use of a tangible asset (apartment, or property) for an amount of time agreed upon in the lease terms.
This is a written notice from your landlord saying that you owe back rent, and demanding that you pay the rent or move within three days. A landlord must give you this kind of notice before he or she can legally evict you for not paying rent.
A lockout is a procedure that happens after a writ has been issued in an unlawful detainer action. Prior to the writ being issued there must be a judgement issued by either a judge or a court.
A security deposit is a sum of money held in trust either as an initial part-payment in a purchasing process (often used to prevent the seller selling an item to someone else during an agreed period of time while the buyer verifies the suitability of the item, or arranges finance) – also known as an earnest payment, or else, in the course of a rental agreement to ensure the cost of repair in relation to any damage explicitly specified in the lease and that did in fact occur.