Are you facing eviction? In the state of California, renters have rights, even when they are being evicted. The consequences of being evicted are steep though. You’ll want to do all you can to avoid having an unlawful detainer filed against you.
What is an Unlawful Detainer?
Although many believe it is a misdemeanor offense, an Unlawful Detainer eviction is a civil matter in the state of California. It’s a serious situation that must be defended like a criminal case, however.
When Do I Need an Eviction Lawyer?
If an eviction has been filed against you, it’s time to seek an Eviction Defense Attorney. The court will not appoint one to you. You can represent yourself, but you might want to think twice about doing so. You can be sure your landlord will have an attorney.
Your landlord isn’t required to prove much in order to win the case. You’ll want to have an experienced Eviction Lawyer fighting on your behalf.
Reasons for eviction include:
- Being unable to pay rent after receiving a notice.
- Violation of the rental lease agreement you signed.
- Not having an active lease or a lease at all.
- Repeated intentional violations.
- Continually inflicting damage on the unit.
Evictions do not fall under the double jeopardy clause. Even if you win the case, you can be retried. Furthermore, even if the court awards you a stay of execution to delay the lockout, you are likely to be required to pay a bond equivalent to months of rental payments.
Unlawful Detainer convictions become public records. They can prevent you from being able to rent a place in the future. They can also damage your credit. Most evictions also come with a money judgement that entitles your landlord to garnish your wages or put a lien on your bank account.
Is Your Landlord Out of Line?
In addition to it being wise to retain legal counsel if an Unlawful Detainer is filed against you, other actions warrant seeking a lawyer too including:
- Your landlord constantly calling or coming back to collect rent.
- Your landlord verbally and/or physically abusing you over the rent.
- Your landlord illegally taking matters into his or her own hands.
- If your landlord is proven to be in violation of the law, you may be eligible for compensation. It’s imperative to speak to an expert Eviction Defense Lawyer immediately.
The Importance of Hiring an Unlawful Detainer Lawyer
Los Angeles landlords and property managers almost always retain attorneys to file evictions. One reason is because they realize the importance of legal representation. Another reason is that there are so many eviction attorneys in Los Angeles who work alongside them, they are able to get good prices on legal services.
Tenants, however, don’t always realize the importance of being legally represented. It doesn’t take long in court to wish you had hired one.
Motion of Discovery
A Motion of Discovery is a request that is available to you as a defendant. You can file a lawsuit to find out exactly what evidence your landlord or property manager has against you. But, you have to know what you are doing. A seasoned eviction attorney will know exactly how to help you and will also advise you based on the revealed evidence.
Discovery can be filed against you too. That means, you’ll be responsible for coming up with the information requested. It can be time consuming and stressful to tend to the fine details of providing the information. If you have an attorney, he’ll walk you through it and deal with the legalities.
Rules of Evidence
If you have an attorney, you’ll be able to utilize the evidence the rules of evidence on your behalf such as:
- Photos of bad living conditions.
- Receipts of check or money order stubs.
- Notice slips proving you were not given adequate time to pay or move.
- Testimony of attempt to pay rent.
While you can present the above on your own without an attorney, knowing how to approach the judge and the correct way to overcome objections can be tricky.
Don’t Wait…Call Now
Evictions move quickly. Representing yourself can prove to be quite difficult given the little amount of time you’ll have to prepare. If you aren’t prepared, it will show. It is best to have a respected Los Angeles Eviction Defense Attorney who has spent years gaining knowledge and experience.
If you live in the Los Angeles area and are being evicted or fear you will be evicted, it’s time to talk. Contact the experts at Jacob O. Partiyeli to set up an initial consultation – free of charge. After hearing all the facts, you’ll be advised as to the next steps you should take. Call now – (310) 801-1919.