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Eviction attorneys are used to dealing with these cases, that’s their job. They have developed a series of strategies and techniques that make them successful in eviction cases. They have discovered part of the formula that seems to work perfectly in court.
Eviction cases are not easy. It is directly connected to safety and security. People can also get emotional and fragile when dealing with such topics. Eviction lawyers have drawn the path to follow to win most cases. And this is what they have revealed so far:
- They have to be in control of their emotions in court.
Some occasions get very frustrating; tenants can be angry and make faces while the landlord is testifying. Lawyers and landlords have to be in control of their emotions and stay quiet and respectful. Every party in the courtroom should remember the seriousness of the business being dealt with. Those who cannot control their emotions are usually negatively affected by such behavior.
- They have to be prepared
Documentation is key at this point. A lawyer or landlord that comes unprepared to court will surely have a bad time. Receipts, invoices, documents that show a clear record of activities are a real plus for landlords and lawyers. If the tenant is bringing accusations about repairs not being done, a well-prepared case with the necessary documentation will make it through. Landlords, keep good records.
- Communication between the landlord and the attorney has to be good
Nobody is going to work 24/7, and no lawyer is going to answer in the middle of the night with a smile on his or her face. However, reaching the lawyer should not be difficult. Calls, emails, and texts have to be responded within a reasonable time, and paperwork has to be done efficiently and fast. When an eviction case reaches the courtroom, and if both the lawyer and the landlord don’t know each other’s steps, it is going to be messy.
Finding a professional lawyer should not be a problem. Many different pages offer their services. For example https://expressevictions.com/california-eviction-notices/60-day-notice-to-vacate/ specializes in the type of eviction you might be dealing with. There are however certain aspects to consider here:
As a landlord, do not evict the tenant yourself
This is illegal. As simple as that. Eviction is a legal action, and it has to go through a court process and later, after there is a resolution, a sheriff will be authorized to perform the physical eviction if necessary.
The best outcome is to have the tenant leaving the rental unit voluntarily in the time established by the court.
There are ways to prevent eviction
- As a tenant, the most important thing is to pay rent when it is due. Delays are not welcomed from a landlord’s point of view since there is a legal responsibility already established in the lease agreement.
- Do not damage the property, and if there is some kind of accident and the property gets damaged, talk to the landlord and pay for the necessary repairs. Bear in mind that your landlord might not accept your payment of repairs and might file for eviction anyway. This will totally depend on the relationship you both had and what is written in the lease.
- Do not perform illegal actions. If you are caught in a rental unit performing an illegal action and therefore arrested, your landlord can take immediate action in relation to eviction.
There are legal steps to be followed and respected when dealing with an eviction. The first thing is to serve an eviction notice to the tenant. A case cannot be filed if the tenant hasn’t been notified. To be certain of this, the landlord must have a proof of service that proves the tenant knows about the notice and was served properly. Once this step is done, the process can continue, it is time to wait for the response of the tenant. If the tenant does not respond to the notice, then it is very likely to have a decision that will favor the landlord. This is why it is very important to consult with a professional to help each party know and make the necessary steps.
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