San Diego Landlord Unlawful Detainer and Eviction Attorney Discusses Shady Tenant Eviction Lawyers:
A landlord client of mine recently sent me the following Craigslist Ad:
”
Renters ? — Facing Eviction ? (Stay Put For Months)
————————————————————————————–
Receive a 3 Day Pay or Quit ? / Summons ? / Unlawful Detainer ?
Receive a 5 Day Sheriff Lock out ?
Don’t Pay Outrageous Attorney Fees
Stop and Stay Put for months RENT FREE !
IDF Nationwide … since 1996
1-760-673-7572
Local Offices -
Fast Service
Fassst Service — LOWEST RATES!
Why Wait Till It’s Too late?
Call NOW 1-760-XXX-XXXX
”
As soon as I read this I had a lot of thoughts. First, I think it is shameful to advertise and advocate the idea of a tenant staying in a property without paying the rent to be there. But I know there are people out there that will love this. Trust me, my San Diego landlord clients and I deal with enough deadbeat tenants to know that people try to work the system all of the time and get free rent for as long as they can. One of the most common ways that tenants try to get extra time is to fight an eviction even when they have no defense because it will get them an extra 15 to 30 days before they have to move out.
Another thing I got to thinking about when I saw this ad for fighting evictions and getting to stay rent free for months is how are they promising this?
There are only a few ways to prolong a San Diego eviction.
The first is request a jury unlawful detainer trial and this does not always prolong an eviction because the code entitles the landlord to a trial date within 20 days of the landlord’s request for trial.
Another way to prolong an eviction is to bring frivolous motions such a motion to quash alleging the tenant was never served (even when they were.” Again this will only prolong the process a little while.
Perhaps the most common way to prolong an eviction, is to file bankruptcy. If then tenant files bankruptcy, the eviction lawsuit is subject to the automatic stay in the bankruptcy court. Of course, the landlord can move from relief from stay in the bankruptcy court and the proceed with the eviction. This takes anywhere from a couple of days to over a month depending on several factors. Often, the tenant will file a second bankruptcy after relief from stay is granted and create a further delay. In the end though, bankruptcy should not delay the eviction more than 60 days (and usually less).
So the question is, how are these people promising tenants they can stay for months without paying? My guess is that it is an exaggerated promise that sucks in those people that are trying to get something for nothing. That doesn’t mean that these people do not know how to prolong an eviction for a tenant – it just means the months of free rent are inflated claims.
Here is another reason why the claim is inflated. The idea that people are getting something for nothing is plain and simply unlikely. No matter how long these people are able to prolong and eviction, ultimately the San Diego Landlord will get their day in Court and most likely get a judgment for the value of the rent for each day the tenant was supposedly staying rent free.
Another thing I am sure these people running the ad are not telling tenants is that an Eviction in San Diego is a sealed case for the first 60 days and if it is resolved in those 60 days then it stays sealed. But if the case goes past 60 days then it becomes public record and any future landlord can easily find the case and what happened.
In the end, tenants need to be wary of claims like these. Is filing bankruptcy really worth a month or two of free rent? Is a month or two of free rent worth making public record of the fact you have been evicted by your landlord? Usually not.
Landlords also need to be wary of these services. They will convince your tenant that the tenant can stay, they will delay the eviction process, they will make your life miserable. While many landlord think they can handle evictions themselves, advertisements like this highlight why a landlord should hire an attorney from the very beginning. It is just too important not too.
The Attorneys at the Law Office of Harold D. Thompson are San Diego Eviction and Unlawful Detainer Lawyers dedicated to helping with all of your Landlord Tenant issues. Call us TODAY at 619.615.0767 or visit our Best San Diego Eviction Website for more valuable eviction information.
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