“Do you have a tenant that has violated their lease? Or are you a tenant and you are being wrongfully evicted?” If so, please call, 760-335-6881, Childers & Associates to help your case!”
The process for the landowner or the tenant is different.
Land Owner Process
If the tenant doesn’t voluntarily move out after serving them a 3 day notice, the landlord is now legally able to evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court.
The court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the landlord has no right to evict the tenant. The landlord must use this court process to evict the tenant; the landlord cannot use their own measures to force the tenant to out. For example, the landlord cannot physically remove or lock out the tenant, cut off utilities such as water or electricity, remove outside windows or doors, or take the tenant’s belongings in order to carry out the eviction. The landlord must use the court procedures.
If the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant’s damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.
As a tenant you the right a hearing if you feel that you are being wrongfully evicted. In an unlawful detainer lawsuit for the tenant, the court holds a hearing when each party will present their evidence and explain their case. If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the tenant, the tenant will not have to move. The landlord will be ordered to possibly:
- Pay the tenant’s attorney’s fees, if the rental agreement contains an attorney’s fee clause and represented by an attorney
Served with an Unlawful Detainer:
- Seek legal advice immediately.
- Typically you have 5 days to respond.
Schedule Your Consultation Today!
Let our experienced attorneys at Childers & Associates handling your case for you. Call today for a free consultation 760-335-6881.
Eviction Attorney Practice Areas:
- Imperial County Eviction Attorney
- El Centro Eviction Attorney
- Brawley Eviction Attorney
- Imperial Eviction Attorney
- Westmorland Eviction Attorney
- Calipatria Eviction Attorney
- Calexico Eviction Attorney
- Ocotillo Wells Eviction Attorney
- Ocotillo Eviction Attorney
- Niland Eviction Attorney
- Salton City Eviction Attorney
- Winterhaven Eviction Attorney
- Seeley Eviction Attorney
- Holtville Eviction Attorney