HOW TO STOP EVICTION




The subject of this post is how to stop eviction. The best way to prevent an eviction is by avoiding it altogether. But, that's not what anyone wants to hear, because, more frequently than not, it is too late to prevent the eviction. So, the question remains... "How to stop eviction." Before we discuss ways to stop any type of eviction, we will need to look at the reason for eviction. This is essential, since the reason for the eviction, whether it's for "non-payment of rent," or "termination of tenancy," or some other reason, makes a difference in the way to go about stopping the eviction.



First, what's the reason for flooding? There are numerous motives, or "causes," of eviction.

� Non-payment of lease;

o Eviction based on rent not paid in time or at all. The renter has three days to pay the rent in full or move out.

� Breach/violation of rental contract;

o Eviction based on breach of rental agreement, and/or general law. Ordinarily, a 3-day note to cure/perform or quit is served. The renter has three days to "cure" (correct/resolve) the issue or move out. These can be for many different issues related to breach of rental agreement, but could also be for violating the law, like robbing a neighbor.

� Termination of tenancy.

o Eviction based on expiration of lease or landlord's written notice discontinuing (terminating) tenant's lease. The tenant must vacate the premises upon expiration of the notice.

If a tenant isn't able to comply with one of these notices (e.g. unable to pay rent, not able to move out) then the landlord has a "trigger" of action to move forward with an eviction lawsuit. The landlord must file an eviction lawsuit (called a unlawful detainer in court) and receive a judgment in court to have the legal right to have tenant removed from a property.



Obviously, complying with any of the notices will stop eviction. However, if a tenant is not able to comply with an eviction notice, or notice to terminate tenancy, then they could use the following methods to stop eviction:

� Non-payment of rent (3-Day Notice):

o Show evidence of payment, or reasons to not pay rent, such as making repairs the landlord neglected, showing that there have been excessive overpayments previously, or conditions that produce the rental unit "un-tenantable."

� Breach/violation or lease contract (3-Day Notice):

o Show proof of mistake or compliance with breach before notice. Show that breach has not been enforced previously or with other tenants.

� Termination of tenancy (30/60 Day notice)

o For some municipalities, terminating property by landlord is illegal... check if your property is under "rent control," or "eviction control." In the city of Los Angeles, there are many units under "rent control" laws that prohibit such a termination of tenancy. Another means is by showing that the termination notice was served in retaliation for making complaints to the landlord or a public agency (e.g. home department, health department).

These are some of the most basic methods to stop eviction. All of these methods require strong proof with comprehensive information to work, particularly in court. There are many articles and blogs on the internet that describe a number of these processes, but the quantity of proof needed to prove these approaches is more than portrayed.

To get more detailed information, check out this article on prevent eviction.

The material provided here isn't meant as legal advice and is only intended for information purposes. The data may be inaccurate or obsolete. For legal advice, consult with an attorney in your area or jurisdiction.
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