Eviction Proceedings and the Consequences of an Eviction
An eviction is a major disaster as far as the tenant is concerned. This article will briefly explain the significance and consequences of an eviction while it will also list out the general procedures for an eviction in the U.S.A. It will also briefly discuss illegal evictions that are actually quite common in the U.S
Consequences of an eviction – Eviction – Tenants should try to avoid being evicted at all costs as an eviction is a black mark that will permanently stay on their record. It is only natural to assume that tenants are tenants because they cannot afford to buy a home of their own and an eviction order will make it very difficult for tenants to be able to rent a property again. This is because landlords are very strict about screening their tenants and will instantly reject a rental application if they find that the tenant has been evicted in the past. An eviction is a public record that will be stored in the local courts or city halls. There are many companies that sell this information for a very low fee and it will usually take just about $50 and about 10 minutes for a landlord to find out if a tenant has been evicted in the past. So, a tenant who cannot to afford to buy a home or rent a property will basically be left with no place to live.
Correct eviction procedures – eviction – The tenancy laws in all 50 states in the U.S. have laws that are heavily in favor of the tenant. In other words, the evicting of a tenant is often a long and drawn out process that landlords find to be very frustrating. In most cases where an eviction is being carried out, it is the usually the tenant who is at fault although the tenancy laws will require landlords to first provide a notice to evict to the tenant. The tenant will then have a few days to respond to the notice and then appear in court. They will again be given an opportunity to defend their tenancy in court and can try to thwart their eviction case by explaining the reasons for breaking the terms of the lease. It is only then that a judge can rule in favor of the landlord by issuing a court ordered eviction notice. Many tenants try to take advantage of tenancy laws by not cooperating with landlords although tenants have to understand that they can amicably leave the apartment without the landlord formally evicting them. Leaving amicably will however require the tenants to cooperate with the requests of the landlord. For example, if a tenant is unable to pay rent, they can leave at the request of the landlord, without an eviction order going against them. rather than just wait around until the sheriff comes around to throw them out.
Illegal eviction proceedings – eviction – As mentioned above, an eviction case is quite frustrating for the landlord as it is drawn out and time consuming. This is one of the reasons why many landlords across the U.S. simply lock out their tenants without even bothering to file an eviction case in court. However, this is a punishable offence in most states and tenants will be able to sue landlords who engage themselves in illegal evicting procedures.