Eviction is every renter and homeowner’s worst nightmare. An eviction notice is never welcome, and the thought of having to pay for a civil litigation lawyer to keep your house on top of your other expenses is stressful.
Fighting eviction starts with understanding it. If your landlord is evicting you, you must receive a written notice stating the reason and time period where you must comply or be evicted.
In California, there are four types of eviction notices that vary based on the reason for the eviction:
- Three-day notice to pay rent: Meaning that you must pay rent in three days or move out
- Three-day notice to cure: Meaning that you have three days to fix a lease violation
- Three-day unconditional quit notice: Meaning that you have three days to move out
- Thirty-day or 60-day notice to quit: Only applies in cases of month-to-month leases
The first thing any real estate lawyer will tell you to stop eviction is to speak to your landlord. A lot can be fixed with communication. As they say, a bird in the hand is worth two in the bush, so evicting you will cost your landlord a lot of money because evictions are expensive and they also now have to find someone new to sign a lease.
If your eviction notice is a notice to cure, you can always try to fix what is making your landlord unhappy. Whether it’s giving your pet away or stopping loud parties, the solution to your notice to cure is almost always better than moving out.
The last measure you can try is having your civil litigation attorney call an “ex parte” hearing, which gives you the ability to meet with the courts within 24 hours to try to fight your eviction.
In order to protest your eviction, you must file a legal document saying so.
If you don’t do an ex parte hearing or file your document to protest the eviction, there will be a mandatory eviction hearing. Filing your document allows you to deny your landlord’s statements surrounding the reason you’re getting evicted.
By hiring an attorney, they can help you provide a strong defense that allows you to stay in your home. Contact our law firm to hire an attorney to defend you against eviction.
