I was recently laid off from my job. Can my landlord evict me?

[rdtotteniii@sbcglobal.net]

Harassment is illegal but don't provoke him until you can pay him (save all the messages in case you need them for court later). He can give you a 30 day notice to evict. After the 30 days he can take you to court to get you out an a judgment for the back rent. The catch is every time he accepts any money from you the 30 days reset and he has to wait again. So keep paying him what you can but use a traceable form of payment like checks or certified checks that are printed by the bank with the pay to information filled in. Money orders don't work because you can write what ever you want on the receipt and something different on the money order itself.

[Slowhand]

Sure he can evict you. He isn't responsible for you not having a job. He is responsible for making other payments on the rental property and without your rent money he has to make it up somehow.

[Tasha]

If the tenant doesn't voluntarily move out after the landlord has properly given the required notice (which can be 3 days in the case of not paying rent, however it must be a WRITTEN eviction notice given directly to you or someone in your household over the age of 18) to the tenant, the landlord can 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 self-help measures to force the tenant to move. 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 seize (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.

In an unlawful detainer lawsuit, the court holds a hearing at which the parties can 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, and the landlord may be ordered to pay court costs (for example, the tenant's filing fees). The landlord also may have to pay the tenant's attorney's fees, if the rental agreement contains an attorney's fee clause and if an attorney represented the tenant.

If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.

The court also may award the landlord any unpaid rent if the eviction is based on the tenant's failure to pay rent. The court also may award the landlord damages, court costs, and attorney's fees (if the rental agreement or lease contains an attorney's fee clause and if the landlord was represented by an attorney). If the court finds that the tenant acted maliciously in not giving up the rental unit, the court also may award the landlord up to $600 as a penalty. The judgment against the tenant will be reported on the tenant's credit report for seven years.