Eviction defense
A notice on the door isn't an eviction yet
Only a court can order a tenant out. Between the notice and that order, there's usually time, and often a defense.
I read the notice for what the law requires it to say, check whether your city limits the reasons a landlord can use, and look at the whole history: the repairs you asked for, the rent you paid, what was said and when.
If papers have been filed, I answer them before the deadline and represent you at every hearing. Many cases end in an agreement: more time, a clean record, money for moving, or staying put.
What I look at
Where eviction cases are won or settled
The notice itself
The kind of notice, the dates, how it was delivered, and what it has to say. A mistake can mean the landlord has to start over.
The landlord's reason
Some cities, Oakland among them, allow evictions only for listed reasons. I check whether yours is one, and whether it's true.
What happened before
Repair requests, complaints and protected activity. An eviction that follows them closely can be a defense on its own.
The rent figures
What was charged, what was paid, and whether an increase followed the local rules.
Your record
Eviction filings can follow a tenant to the next application. Sealing or keeping one off your record is part of any deal I make.
A way out on your terms
If you'd rather move, the question becomes when, with what money, and with what said about you.
Questions
Eviction questions
I missed the deadline to answer. Is it too late?
Maybe not. Call right away. Depending on what's happened, there can be ways to undo a default or ask the court for more time, but those windows close quickly too.
Do I have to go to court in person?
You need to be at every hearing, in person or by video if the court allows it. I'll be there with you and tell you beforehand what to expect.
My landlord offered me money to leave. Should I take it?
Don't sign anything yet. A buyout can be a good deal or a poor one, and in some cities it has to follow rules of its own. I'll tell you what your tenancy may be worth before you answer.
Got papers this week? Call today
Bring the notice or court papers to the call, every page.