No-Fault Evictions

The most important thing to remember: IT’S NOT YOUR FAULT. IT’S THE FAULT OF YOUR LOUSY LANDLORD. You did nothing bad– they are doing everything bad – kicking you out of your home – for no reason except to get blood money from the next unsuspecting tenant, who is literally standing on your back.

You’re okay.

Here’s what will happen with a No-Fault Eviction.

• You may not know this is coming
• You can get a notice any day of the month, but it won’t begin until the first day of the next month. Why do they do it the last day of the month? To give you as little time to prepare or call a lawyer or eviction group or the city as possible. You are in their sights.
• They will deliver it in person, or on your door (facing outside so you can’t miss it – and all of your neighbors can shame you)- but it must also come by mail. Ours came Priority, even though the landlord is just a few miles away, registered.
• It must give you 60 days to move out from the first of the month

I suspect most people give up and move within those 60 days. Most of the tenants here on Waverly did. I don’t

blame them. It’s a vicious fight. It might not be worth the time, energy and maybe money for you to go to court. So consider: Why does she want your apartment so badly? Could she let you stay while she does the work? Is she offering you reasonable relocation money? (She doesn’t have to give you any relocation, but maybe she’s one of the good guys.)

And if you’re a long term tenant, what about your rent, which has been an investment in the building or business? This multi-family building has almost $200,000 of my money in it! I’m like a silent partner in keeping the business alive! I deserve some repayment.

At the end of the 60 days – or a week or so after, in our case…you get an Unlawful Detainer – the dreaded UD. This means you are going to court! You’re in the system. This is the real eviction. And this is when you get a lawyer. Don’t try this at home alone, kids. Get a lawyer.

You don’t want to go to court alone. Find a lawyer or one of the many tenants rights law firms like CES (Coalition for Economic Survival or EDN (Eviction Defense Network). These firms are passionate about the cause -keeping your home – and always have a sliding fee scale. They also talk to the media a lot, and that transparency is awesome.

Also: this is when your landlord starts to really hate you. You are costing them money and time. 🙂

The court sets a date when the judges have an open courtroom, and you’re on your way.  A good lawyer will buy you a little more time – from a month to 3 months, in our case. And explain you have a lot better chance of winning with a jury. So sad — many judges are extremely prejudiced for the landlords. Land-owning people love other landowners. But a jury is going to be at least somewhat like you, and some will be renters.

The other side will make you a last minute offer before the trial. Unless you have a REALLY good case, at least consider it, or make a counteroffer. Otherwise, you’re off to the races! Godspeed, and I hope you win.

We didn’t.

But even if you lose, remember: your landlord kicked you out of your HOME – so he’s the real loser.

Oh, and even if you lose, you could still sit tight until the Sheriff comes. But that’s another story.