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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I was was told i was going to die after a year in the

Customer Question

My name is ***** ***** and i was was told i was going to die after a year in the hospital. Over 20 heart attacks, Congestive Heart Failure, AFib, Hypertension. and aneurysm, type 2 diabetes.... the list goes on.... But i was given a second chance.
I am trying to start a Non- Profit Organization like no other. I believe in my heart it will save many lives. So i Just rent a room close to my business which is going to play a an important role helping peoples lives. I used to live in the flesh, money was everything but now i realize money is nothing. Its the lives we help is and give what means something. I Served My Country in the Air Force but later fell victim to Drugs. I believe so strongly that the first term NON-VIOLENT drug offenders need planting back into society. Not thrown back like garbage. So my goal is to at least plant a seed and prove that building prisons is not the answer. I am going after the first termers and gradually plant them back to society with a one year program where they can learn a trade, Anger Management, Financial Management and Gods love.They will be sheltered from the outside world. So there will be no television or music that corrupts our society with Sex and Violence. In order for them to graduate they must give back to society a project or volunteer work, whatever creative way that is put into their hearts. After a year they will have support, Money in the bank, a trade and a new outlook on life. This is what i believe... But i am being oppressed. Facing new challenges every day. So i seek your advice regarding GRE Development. My Roommate who owns the home where i live fell victim to what i believe was a scam loan and they foreclosed. He never told me of this. Just a note on the door by GRE Development to get out. He takes off and they want me out too. I had paid my rent thru January and my Lease is up the end of March. But these people don't care. They want me out now. Can they just come and throw me out without any time to find a place?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am sorry to learn about this situation.

They cannot "throw you out" - but unfortunately, when a foreclosure occurs, a tenancy is terminated - so you no longer have a right to remain in the unit.

In order for the new owner to remove you from the property, they must go through the "unlawful detainer" (eviction) process, including posting notice, a court hearing, and a forcible eviction with a sheriff or constable.

If you file an answer and appear in court to defend the action you can delay the forcible eviction somewhat, often buying additional time in the unit while you are looking for a new place to live. (Unfortunately you will have an unlawful detainer on your rental history that you will have to explain to future landlords - but you do have unusual circumstances - and the UD was no fault of your own - you paid your obligations).

The overall process will look like this:

  • Terminating a tenancy-

    1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property).

    2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge.

    3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction."

    4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").