This Isn’t Fair ….

Just because it isn’t fair, doesn’t mean it isn’t legal. While tenants do have some protection, eviction laws tend to be slanted toward the landlord.

While it may not be fair …

• unless you are protected by rent control or a federal subsidy program, a landlord can evict you for no reason … with a 60 day notice to quit;
• unless you are protected by rent control or a federal subsidy program, your rent can go up to whatever your landlord wants … using a 60 day notice (if the increase is 10% or more) or a 30 day notice (if the increase is less than 10%);
• a developer can evict a group of elderly, disabled people to make room for condominiums they cannot afford;
• the loss of you job, death of a family member, sudden onset of illness, theft of your rent check …. are not defenses to an eviction action for nonpayment of rent;
• even though there are laws that allow tenants to withhold the rent if there are conditions problems in their apartments, most tenants that do that end up in eviction court and, unless they have a lawyer representing them, loose in court;
• even though there is a law that says that a judge as the “discretion” to let a tenant keep their housing if the eviction will create hardship (motion for relief from forfeiture), most judges think that all evictions create hardship so they look for extreme hardship and very very few of these motions are granted …

ACORN: http://www.acorn.org/index.php?id=7875

Coalition for Economic Survival: http://www.cesinaction.org/clinic.htm

Consultations

LAW OFFICE OF ELENA I. POPP
Call for an appointment 213/223-2028. $50 for half hour consultation. If Ms. Popp thinks she can resolve the case at this stage she will retain your case for $500 to attempt to stop the eviction. If she is unable to do so, the fee for representation in the eviction is $2000. You can also see Ms. Popp at the Coalition for Economic Survival Clinic listed above. She volunteers on Saturdays.