What is an eviction?

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Sometimes landlord-tenant relations can be complicated, especially when talking about something like evictions, known legally as unlawful detainers. Here’s some general information that may provide some clarification:

 

In the state of California, a landlord may evict a tenant if they:

1.    Fail to pay the rent on time;

2.    Break the rental agreement and will not fix the problem (i.e. having pets when no pets are allowed);

3.    Damage property and thereby lower the property value;

4.    Disturb other tenants to the point of being a nuisance, even after being asked to stop;

5.    Use the property to do something illegal;

6.    Stay after the rental agreement is up; or

7.    If the landlord cancels the agreement and gives proper notice.

 

The landlord must give the tenant proper written notice. If the notice allows the tenant to correct the problem (i.e. paying back rent), the eviction may only occur if the tenant does not do what the notice asks. Otherwise, the landlord may file an unlawful detainer case when the notice period ends. Landlords must go to court and get a court order directing the tenant to move out in order to legally evict the tenant.

 

Even after being given written notice, a tenant still has rights. Without a court order, a landlord may not:

1.    Physically remove the tenant;

2.    Remove any of the tenant’s physical property;

3.    Lock the tenant out;

4.    Cut off the tenant’s utilities;

5.    Remove outside windows or doors; or

6.    Change locks.

 

Eviction process

A landlord may serve a 3, 30, 60, or 90 day notice, depending on the tenant’s situation. If the tenant does not vacate with the notice period, the landlord has the option to pursue eviction action. When a landlord serves an unlawful detainer suit, the tenant must file a response within 3 days. A trial will be scheduled within 20 days of the landlord’s request. If the landlord wins the suit, the tenant usually has 5 days to move out, depending on when the lock-out order is posted. The lock-out order allows the tenant to be locked out if their belongings have not left the premises within 5 days of posting. Further, all evictions are added to your credit report under “public records” which may make renting or buying a residence difficult.

 

Finding help

Landlords and tenants are not required to have a lawyer during an unlawful detainer suit However, evictions may be complicated, especially with strict court rules and forms you must file and serve. If you’re interested in getting legal help with your situation, whether you’re a landlord or tenant, give the Santa Barbara Lawyer Referral Service a call at 805-569-9400.

Should I consider Bankruptcy as an Option?

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Bankruptcy can be considered a last resort to solve your money and debt problems. On the positive side though, bankruptcy can protect you and your property by stopping all collection actions by your creditors. On the other hand, it may make be difficult to get a mortgage, acquire credit, buy a car, or even get a job. Filing for bankruptcy will affect your life for the next seven years and beyond, so it is important to know your basics.

 

The most common forms of bankruptcy are:

1. Chapter 7 (liquidation) – to qualify, income must be less that the state’s median income. See the California Bankruptcy Means Test for additional information.

2. Chapter 13 (reorganization) – for individuals to restructure debt. May also be used by individuals who do not qualify for Chapter 7.

 

Before filing for bankruptcy, consider the following:

 

Understand the consequences on bankruptcy by reviewing this information, and consulting professional advice from someone you trust. Please contact the Santa Barbara Lawyer Referral Service (805-569-9400) to be referred to a qualified attorney.

Do the math. Determine how much you owe, your payments, what income can be devoted to these payments, and whether or not you will be able to bring in more income.

Know whether you will able to mentally and emotionally handle your debt. Consider how you will feel if you file for bankruptcy or if you can handle living with your current debts.

Consider your future. Bankruptcy can affect your job applications, home insurance, and ability to make large purchases. Would filing for bankruptcy prevent you from reaching professional or personal goals in the next 10 years?

Seek counsel. A non-profit credit counselor can help you review your financial situation and provide recommendations.

Research alternatives. See if you can borrow from a friend, look into debt management programs, or negotiate with your creditors.

 

If you’re still considering bankruptcy as an option, here are a four signs that bankruptcy might be your best option:

1. If it would take you more than 5 years to repay your current debts

2. If your current income cannot cover both your debt and everyday expenses

3. If you are facing legal actions by your creditors OR you want to protect certain assets from your creditors

4. If you are facing lawsuits, wage garnishments, or bank levies