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Are you being evicted? Did your landlord say you must leave? If so, there are things you should know. Landlords are not above the law. In order to evict someone, they must follow the law.
Below are some of the most often asked questions about evictions.
What is an Eviction?
An eviction is a court process a landlord uses to remove a tenant renting a room, apartment, house, or mobile home.
What can the landlord evict me for?
You can be evicted for the following things:
If your rent is legally increased and you receive a 3-day or 5-day notice to pay or vacate after failing to pay the increased amount, you must pay the increase – and all late fees imposed by a written agreement – or you risk being evicted. Once the 3- or 5-calendar day period has expired, you lose the right to cure the default (by paying). The landlord can evict you.
Bankruptcy is a legal proceeding in federal court in which a person with debts (called the debtor) can be freed or “discharged” from most of the debts. There are different chapters or types of bankruptcy. Two types of bankruptcy are Chapter 7 and Chapter 13. If a debtor files for Chapter 13 bankruptcy, the debtor will be able to work out a repayment plan with their creditors. If a debtor files for Chapter 7 bankruptcy, they will get some debts discharged.
What is a credit report?
A credit report may contain information about where you live, home and car loans, credit cards, your bill payment history, bankruptcy, and other legal actions. Businesses use your credit report to help them decide whether to lend you money or let you buy something on credit.
What rights do I have when collectors call?
You have rights, even if you owe money. Many of your rights depend upon who is trying to collect the debt.
Collection Agency is the Collector
If a collection agency is collecting a debt, it must follow federal law. This law is called the Fair Debt Collection Practices Act. The law limits what a collection agency can do. For example, a collection agency may not:
What Does Exempt Property Mean?
Property that is protected and cannot be taken by your creditors to pay off a judgment for debt.
Who May Claim an Exemption?
You or your spouse, your children, or anyone else whom you give permission to, may claim an exemption on your behalf.
Can an Exemption be Waived?
It depends. You cannot waive an exemption in favor of an unsecured creditor before your property has been levied. An unsecured creditor is a creditor to whom you have not given a secured interest in property, such as your home.
What is Foreclosure?
Foreclosure means your creditor is trying to take your house and sell it to collect the money you owe. This happens when you get behind on your payments.
What do words used in a foreclosure mean?
Understanding the legal terms used with foreclosure can help you help yourself. Some definitions are:
Identity Theft is the largest consumer complaint filed with the Federal Trade Commission (FTC) every year.
What is Identity Theft?
If you have been the victim of identity theft, it could mean someone has used your name to:
make purchases,
get credit cards,
rent an apartment, or
obtain utilities without your permission.
In some cases, thieves may have used your name to receive medical services, get a tax refund, or even during contact with law enforcement.
You have specific tenant rights as a victim of domestic violence. You can get new locks or end your rental contract.
How do I get my landlord to change my locks?
Write a letter to the landlord asking them to change the locks. Keep a copy of the letter. You must also give the landlord
a copy of the police report or protective order, and
pay the cost of installing the new lock.
After receiving the letter and documents, the landlord can rekey the lock or change the entire lock.
Utah passed a law in 2017 that aims to help homeowners and apartment renters get rid of an invitee (“guest”) who won’t go when asked to leave. It allows the police or sheriff to arrest a “long-term guest” as a criminal trespasser. The guest is evicted without a court order, and has committed a class B misdemeanor.
Who is a “long-term guest”?
An individual who is not a tenant, but
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