Use AparmentSearch. Roommate Tips. February 15, If any such scenarios arise, contact the police and get to a safe place immediately. Evict the Roommate from Your Life If your roommate is annoying but not violating the lease, posing a threat to you, nor willing to compromise, you have one other option: evicting that roommate from your life.
Provide your landlord with advance notice. Post Tags apartment lease FAQ breaking your lease. Tenants of former owners of foreclosed properties have the rights of tenants.
Please refer to the Frequently Asked Questions for Landlords for more information. If you think one of these reasons might apply to you, you should talk to a lawyer before you file an eviction case to make sure you have served a proper notice to quit. You do not need to have a family or intimate relationship to use the domestic violence process, but you do need to live together in the same home.
For more information about the domestic violence process, click here. The court offers a free service to help people solve disagreements without going to court. If your guest agrees, a community mediator can talk with you and the guest to see if you can reach an agreement. Make sure you arrive and are seated in the courtroom by AM. The judge will explain how the process works and what help may be available. If you do not speak English or are deaf or hard of hearing, make sure you tell the courtroom clerk before the announcement begins.
The clerk will read the names of all parties who are scheduled to appear. You must answer "here" or "present" and state your name when your name is called. Make sure you can hear the clerk clearly. If you cannot hear, raise your hand and let the clerk know.
If you miss your name and fail to answer, your case may be dismissed. If the defendant does not answer when the case is called, you can ask the clerk to enter a "default" against the guest.
If you do not hear your name during the roll call or you are late arriving to court and aren't sure if your name was called, you should speak to the clerk in the courtroom after the roll call is over and make sure that the clerk knows that you are present. Ask the judge to grant a non-redeemable judgment in your case.
If the guest does not have a defense to your claim, the judge can enter judgment for possession. If the guest has a defense, the case probably will be set for a trial on a different day. A mediator will talk to both sides and try to help settle the case. However, you do not have to settle the case, and you should speak to a lawyer if you do not understand any part of the mediation or what is being said to you by the mediator.
For more information about what happens on your first day in court, click here. For more information about settlement and mediation, click here. You should immediately call the Clerk of the Court at to explain why you cannot appear. Ask the clerk for his or her name and write it down. You also should immediately call your guest or the guest's attorney to tell him or her that you cannot appear.
If you have time to come to court on another day before your court date, you can file a notice with the court explaining that you cannot come to court and requesting a new date. If the clerk does not give you another date to appear in court, get to court as soon as possible and find out what happened. Even if you call the court, the judge may still dismiss your case. If your case is dismissed because you are not there, it is called a "dismissal for want of prosecution," and you can usually file a motion to re-open the case or file a new case.
If the guest does not come to court on the initial hearing date, you can usually have a "default" entered against the guest during the morning roll call.
In most cases, a default means that a judgment for possession will be entered after you file paperwork with the court proving that the defendant is not in the military. In some cases, you are also required to present proof called "ex parte" proof of your case to the court before you can get a judgment for possession, even if the guest does not come to court or if the guest came to court but left or did not come back to court for a continued hearing.
If proof is required, the judge might set another court date about two weeks after your first one. If the guest does not come to court, the clerk will usually tell you if you need to appear in front of the judge after roll call. If you aren't sure, you can ask the clerk after the roll call is over what you should do next.
Filing an Answer is not required in Landlord Tenant Court unless the guest wants to request a jury trial instead of a "bench trial" before a judge. After you get a judgment for possession, you must wait two full business days before you can file a Writ of Restitution.
A Writ of Restitution is a document that authorizes the U. Marshals Service to schedule an eviction. Marshals Service. The U. Dealing with an estate. Dying without a will. Challenging a will. Buying or selling a home. Starting a business. Resolving disputes. Alternatives to court. About News Search. One of them wants me out. Can I get evicted right now?
I live with roommates. Gabby Salmon Arm, BC. What else could you do? David Kandestin People's Law School. Was this helpful? Yes No. Also on this topic. Coronavirus: Your legal questions answered. Preparing or updating your will during coronavirus. Your Rights as a Worker in the Time of Coronavirus. Returning to Work During the Pandemic. EI and Emergency Benefits for Workers. Co-op disputes and evictions.
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