A Brief Legal Guide For How To Stop An Eviction In California
In California eviction laws are designed for granting landlords quick response for recovering possession of their property and tenants are actually not allowed to file a countersuit in an eviction case. But depending upon the reasons behind seeking an eviction, current stage of the legal process and a number of other associated circumstances, tenants too can opt for several legal measures to stop eviction in California.
Though eviction due to the financial hardship of the tenant renders him homeless and puts in a very difficult situation, but that doesn’t stop the court from evicting him. But fortunately there are programs for eviction help in Los Angeles and other cities of the California region those can make a tenant stop eviction or at least buy some extra time. For most of these eviction help, programs and tenants are required to fall below a minimum earning threshold depending upon the size of the household and there are a few other criteria too. If you want to know how to stop an eviction in California and actually prevent a possible foreclosure here are a few things that you can do.
Seek legal aid
In California tenants are allowed to seek legal aid any time during the ongoing legal process for eviction and as the process can be extremely complicated tenants are recommended to utilize legal help by the California Courts' Guide for Tenants. There are legal aid agencies those offer pro Bono legal services, legal defense services to low income group tenants. They will not only help a tenant in his case but will also help in understanding the rights he can exert along with representing them in the court.
Respond to the notice
Tenants receiving a notice explaining the terms and conditions of the rental agreement that he is accused of breaking is the first step of the eviction process and it also tell the tenant what must be done to stop eviction in California. In case the tenant fails to meet the conditions of the notice within the time provided, then an unlawful detainer lawsuit is filed against him by the landlord for immediate eviction and obtaining possession of his property.
Apart from timely responding to the notice and getting eviction help Los Angeles there are also a few more things that can do legally to prevent an eviction in California.
- In California landlords are also required to meet specific requirements to make the judge rule that the tenant has been properly served and a tenant who thinks otherwise can file a motion to quash service with the clerk of the court. If the motion is granted by the judge then the landlord is required to reserve the summons that can delay the eviction considerably.
- If the tenant thinks there are not sufficient reasons for receiving an eviction notice he can file a demurer questioning the legality of the eviction of the claim which can also delay the case considerably.
- Tenants can also file an answer to the landlord’s claims along with their own request to the court for preventing and delaying an eviction.
If you want to know more about on how to stop an eviction in California consulting with a legal assisting, providing agency can always be a great solution.
About The Author
Jacob Rochoski is a famous financial and legal service provider and also likes to write articles. Having worked in the property industry for two decades he has good knowledge of all aspects of the property industry and stopping repossession services. He recommends TrueSourcesFinancial1.com as the #1 provider for eviction helps in California.