Ejectments and evictions are legal actions that are used in separate circumstances. Both actions are intended to legally remove occupants from a property. The trials for each type of legal action take place in different courts. Eviction cases are held in a landlord-tenant court, while ejectment cases are usually held in a circuit court.

Eviction

            To pursue an eviction case, the individuals must have a tenant-landlord relationship. This can usually be proven through the written rental contract. If the occupant has paid rent to the landlord, they are considered a tenant of the property. The eviction process takes place in a landlord-tenant court, which is why the tenant-landlord relationship is vital.

Ejectment

            Ejectments occur when there is not an existing landlord-tenant relationship. These occur when the owner wants to remove an occupant from their property. This may include a guest who has overstayed their welcome and is typically characterized by an occupant that has never paid rent but refuses to leave. Ejectments tend to be easier to prove, unless the occupant can prove that they have ownership in the property.

            Ejectments and evictions are separate processes that are often used to produce the same results, but they are used in different circumstances. To determine the proper course of action for your situation, you may want to consider contacting an experienced attorney. To obtain superior legal guidance, contact us at LeBaron & Jensen today!

            Evictions and unlawful detainer are phrases that are commonly interchanged, but they do have slightly different meanings. Unlawful detainer cases are often a specific kind of eviction. They require different circumstances than general evictions do.

Evictions

            Evictions occur when landlords take the steps to terminate the tenant’s right to legally remain on the rental property. This can happen because of many different reasons. If the renter ceases to pay rent, the landlord will have cause to terminate the lease. Additionally, violating the terms of the rental agreement, such as having pets or subletting the property, or participating in illegal activities on the premises can also result in a legal eviction. Most evictions require proof of a previous tenant/landlord relationship.

Unlawful Detainer

            Unlawful detainers are a type of eviction. They are specifically used when the tenancy has been terminated and the tenant should have moved out, but hasn’t. These don’t require proving the previous existence of a tenant/landlord relationship. This can apply to circumstances when guests overstay their welcome, among many other things.

            Evictions are an overall term for legally removing a tenant from a rental property. Unlawful detainers occur when people don’t have the legal right to be on the property. General evictions, that aren’t unlawful detainer, require the landlord to prove that the tenant has violated the terms of the rental agreement and has therefore lost their legal right to reside on the property.

            Whether you need to go through an eviction or lawful detainer process, it may be necessary to obtain legal counsel. To obtain superior legal counsel, contact us at LeBaron & Jensen today!

            Having a vehicle repossessed can be detrimental to your credit and your quality of life. Chances are that you need your vehicle to get to and from work. Vehicle repossession can disrupt your life, significantly damage your credit score, and create a multitude of problems for you.

What is Repossession?

            Repossessions occur when an individual defaults on a loan. This is most often caused by late payments but can also happen when an individual fails to obtain adequate insurance for the vehicle or fails to meet other conditions in the loan. The creditor is then able to repossess the vehicle. In most cases, creditors are not obligated to provide notice before seizing the vehicle. This prevents individuals from attempting to hide or damage the vehicle.

Can I Get My Car Back?

            There are a few options for getting your vehicle back after it has been repossessed. You are allowed to redeem the car, which means that you would have to pay back the entire amount left on the loan, as well as any repossession fees. If your creditor agrees, you may be able to reinstate the loan by making up any missed payments. Filing for bankruptcy will result in an automatic stay, which will prevent the creditor from selling the vehicle without obtaining court permission. You may also be allowed to buy the vehicle back at auction.

What Must Creditors Do?

            There are several steps a creditor must take to legally repossess a vehicle. Though they don’t have to provide notice prior to seizing the vehicle, they must notify you after. They must also notify you before they sell the vehicle. You are entitled to a statement following the sale of the vehicle.

Creditors are not allowed to “breach the peace” which means that they can’t threaten or use physical force to repossess the vehicle. In some states, this includes retrieving the vehicle from a closed garage. They must also show that any sale of the car is “commercially reasonable.” This means, although they aren’t required to obtain the highest possible price, they can’t get a ridiculously low amount and sue you for the remaining balance. If they have performed a commercially reasonable sale and there is still a remaining balance on the loan, however, you will be responsible for it.

Repossessions are a serious matter, so you may want to consider hiring an experienced attorney when undergoing financial difficulties. Repossessions significantly hurt your credit score and will make it difficult to obtain another loan. Bankruptcy or refinancing may be the best solutions when you become unable to repay your current car loan. To learn more about your best options to avoid repossession, contact us at LeBaron & Jensen today!