All About Illegal Eviction of Tenant – Eviction of Tenants
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All About Illegal Eviction of Tenant – Eviction of Tenants

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There can be many reasons for a tenant leaving a property. However, it’s imperative that you do it the right way so that the entire process is completed in an efficient way. So, notify your landlord at the right time, and also, deep clean the property before leaving it. For bigger appliances and items, consider eviction cleanout Benicia CA services by 3 Kings Hauling.

If you’re a renter, your landlord has the right to evict you under certain circumstances. For example, nonpayment of rent or destruction of rental property may result in a legal eviction. Regardless of why your landlord is evicting you, the eviction must follow state eviction laws. Even if your landlord has a good reason for evicting you, if they don’t follow state law’s procedures, they could be committing a felony.

Let’s take a look at what could happen if your landlord forcibly removes you from your rental apartment in violation of state law.

Evictions that are not legal:

A landlord has several options for illegally evicting you or another renter. Some of the illegal options are as follows:

  •       When the doors’ locks are replaced, a lockout occurs.
  •       Personal possessions are being removed from the property.
  •       The entrance door is being removed.
  •       Refusing to remedy a significant problem that makes some or all of the property uninhabitable.
  •       Power and water are turned off at the property.
  •       When it’s freezing outside, turn off the heat or air conditioner (in the summer).
  •       Threatening or harassing you or other members of your household.
  •       Insisting on your immediate departure from the premises.
  •       Loud music was played for long periods.
  •       You have not been served with an eviction notice.

Implications of Illegal Evictions for the Landlord:

Landlords aren’t permitted to use “self-help” as a method of eviction in most states. That implies your landlord can’t evict you if you respect the conditions of your contract and state law. Even if a landlord has legal authority to remove you, self-help evictions are prohibited.

You can challenge your landlord for unlawful eviction if they try to evict you without following the proper method. You may also be able to bring further legal claims in certain circumstances. Some of the assertions that could be made, as well as scenarios where they might occur, are listed below:

  •               Trespass:

If your landlord has accessed the premises without authorization and in a manner that is prohibited under the contract.

  •               Assault:

If your landlord has evicted you from the property or intimidated you with physical violence.

  •               Libel or slander:

If your landlord makes false comments about you to persuade others to assist in your eviction.

  •               Emotional anguish inflicted on purpose:

If your landlord threatened you verbally or otherwise intimidated, scared, or harassed you.

  •               Property conversion:

If your landlord removed and discarded your stuff from the premises.

  •               Criminal property damage:

If your landlord used intimidation or harassment to harm your pets or damage your belongings.

The number of damages you could receive in a case will be determined by the precise claims you submit.

Since you can guess, setting a monetary value on any psychological suffering you may have suffered as a result of the illegal eviction is difficult. Your testimony may be used to show how the eviction affected you emotionally.

There may also be state-specific laws in effect that allow you to sue for additional damages if you are evicted.

The Eviction Process:

If state law dictates otherwise, your landlord must terminate your tenancy and evict you using the steps detailed below. If your landlord fails to take any of these steps, you may have grounds to initiate legal action against them. Keep in mind that the nuances of the eviction process vary by state, but the information below should provide you with a decent idea of what to expect.

 

 

Steps in a Legal Eviction Process:

  1.       Step one:

As a preliminary step, the landlord must serve the tenant with an eviction notice. This notice’s content varies by state, however, most eviction notices fall into one of three categories:

  •               Pay rent or quit.
  •               Cure or quit.
  •               Unconditional quit.

 

  1.       Step two:

The next step will be taken if the tenant refuses to vacate the rental property after receiving the eviction notice. To begin the eviction process properly, the landlord must file a formal eviction action with the courts. The tenant can file a defense and/or counterclaim if he or she wants to contest the eviction.

If a landlord wins an eviction action, the court will issue an eviction judgment, which provides the landlord with the legal authority to remove the tenant.

  1.       Step three:

To evict the tenant and his or her things from the premises, the landlord hires a constable or marshal. The marshal or sheriff usually notifies the tenant of the court order evicting them.

  1.       Step four:

If the tenant does not depart after being notified and granted a sufficient amount of time, law enforcement officers may enter the property and forcefully remove the tenant and their belongings.

 

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