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Ask AttyHeather Your Own Question
AttyHeather, Attorney
Category: Landlord-Tenant
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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What is the process for a holdover eviction?

Customer Question

What is the process for a holdover eviction?
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 10 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

What state are you in?

Customer: replied 10 months ago.
Customer: replied 10 months ago.
My friend is a victim of domestic violence and her abuser who she has had arrested on 2 occasions and was granted a restraining order, was arrested recently at the home her and 3 kids reside in. (not the abusers residence) his arrest was based on his drug sales and guns, due to his actions my friend is now being asked to move out of her home within 30 day and possibly may lose her section 8, my friend has no criminal background never arrested was not named on search warrant or any paperwork how can she fight to stay in home and not lose her section 8 she only has 1 day left and then her and her 3 kids will have no home
Expert:  Lucy, Esq. replied 10 months ago.

Thank you.

I'm afraid that's not a holdover eviction question, and it's not something I have direct experience in. I can see that you've opened other question pages with this same question, and I'm sure another expert will respond shortly. If you want to know more about how an eviction works, I'm happy to help; otherwise, customer service can close out this question.

Expert:  AttyHeather replied 10 months ago.

Hi, I'm Heather, another attorney expert on this website.

Even if she is supposed to be gone by today, if the eviction process hasn't started yet, then she technically won't have to be out until the eviction process is completed and the sheriff removes her. However, best to not go that route if she is trying not to lose her section 8 status. In order to preserve that, she is going to have to review the lease and other section contracts and paperwork and talk with the manager and find out what provision she has broken that is leading to the eviction. If she has not broken a provision of the contracts, then she can challenge the action being taken against her.

Does this make sense?

Customer: replied 10 months ago.
thank you.
Expert:  AttyHeather replied 10 months ago.

Could you please provide a positive rating for my assistance?