The Eviction ProcessKnowing the Steps

Los angeles real estate lawyer

No one wants to be, or plans to be, evicted. To say the least, it is a very unpleasant process for the tenant. The eviction process begins when an eviction notice, or notice to vacate the premises, is served upon the tenant or tenants living on a property owned by the landlord, someone other than themselves, to which the tenant or tenants fail to comply. The notice will include a time frame to which they must adhere. In California, for example, the landlord must allow 60 days for the tenant to vacate if that tenant has lived on the property for at least one year. Upon their refusal to obey the terms of the notice, and only then, the landlord must serve what is called, in legal terms, a Summons and Complaint. This is what officially begins the eviction process. Because every eviction case is different, there is no one set eviction process. There are several, depending upon the reason for the eviction and also upon the landlord’s leniency.

Foreclosure is a process that will take place after a homeowner becomes unable or unwilling to pay their mortgage over a period of time. The length of time depends upon the lender to which the owner makes their monthly payment. The lender usually decides how many months they will allow to go by with no payment, and no communication from the client, before they take action and begin the foreclosure process. In 2013 it was recorded that one in 96 homes was lost to foreclosure.

When purchasing a home, perspective buyers will find that the process differs from state to state, and will be much more different when considering purchasing a home in another country. Within the U.S., and depending upon in what state the purchase is being made, there is a protocol to be followed. Most of the time a real estate agent will be chosen by the buyers to search for and show them homes that match their preferences. A real estate agent is required to communicate to perspective buyers any information he or she has that may be pertinent to the possible sale of the property, including any deaths that may have taken place there within three years prior to the purchase. In addition, failure to disclose defects in the home either on the part of the seller, the seller’s agent, or the buyer’s agent could result in loss of the deal.

When the right home is found, 77% of people will have a home inspection done to check for any flaws, major or minor, that may need to be addressed before contracts are signed. In some states, the purchase offer will specify that the purchase is contingent upon inspection. When the inspection is complete, a date will be set for the contract signing, along with a projected date for the closing. The purchaser, in some states, will need to engage a real estate lawyer who will handle all of the legalities involved with the purchase, and who will represent them at the closing. The whole purchasing process typically takes four to 10 weeks, depending upon the dates specified in the contracts and upon any delays that may arise.

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