Continued from page 1
5. Common misunderstanding: If tenant has been trying to move out but can't find a new place, eviction hearing judge will not make tenant get out.
Truth: Inability to find a new place is not a legal defense, and judge will order you to get out -- even if it means that you and your children will become homeless.
6. Common misunderstanding: If tenant goes to eviction hearing, judge will automatically give tenant more time to move.
Truth: Sometimes, if there is a really sad situation (a health problem, young children), judge may ask landlord to give tenant extra time. Rarely, judge may require landlord to give extra time. Often, judge will not require any extra time, in part because judge knows that landlord still has to wait another 3 days
7. Common misunderstanding: If tenant gets or gives a 30 day eviction notice, tenant does not have to pay rent during 30 day period.
Truth: The tenant's rent obligation continues for every day tenant is in rental unit, through 30 day period, even though landlord (or tenant) has given a termination of tenancy notice. It is understandable that tenant may need rent money, in order to move to a new place. But if tenant does not pay rent as it comes due, then landlord can give tenant a 72 hour nonpayment of rent notice and evict tenant, long before 30 day period runs out.
8. Common misunderstanding: The landlord may make you pay any unpaid rent at an eviction hearing (an FED).
Truth: The only things a landlord can get at an FED are: 1) a judge's order (called a judgment) that tenant must get out at a certain day and time, and 2) a judge's order that tenant pay landlord for landlord's court costs, prevailing party fee, and attorney fees (if any). If landlord wants to make tenant pay any unpaid rent, landlord will have to sue tenant in a separate lawsuit, often in Small Claims Court, for a judgment for rent money. (Legal Aid has other handouts which explain how landlord must go about collecting judgment from tenant).
Since 1989 dan the roommate man has helped 1000's of people find rooms,apartments or roommates. Need help? Contact him at 800-487-8050 or www.rooommateexpress.com