DC Law GroupDC Law Group2025-12-18T23:43:18Zhttps://www.dclglawyers.com/feed/atom/WordPress/wp-content/uploads/sites/1103722/2024/04/cropped-favicon-new-32x32.pngOn Behalf of DC Law Group<![CDATA[GROUNDS FOR EVICTION]]>https://www.dclglawyers.com/?p=470692024-03-19T06:44:22Z2024-03-19T05:21:07Z
Failing to pay rent
Violating the rental agreement
Creating waste or nuisance
Refusing to relinquish control of the property after the end of the lease term
Allowing gang-related or other unlawful activities to take place on the leased property
Eviction Basics
If a tenant commits any of the above violations and continues to occupy the rental property, despite receiving an eviction notice from the landlord, the landlord may initiate suit to evict the tenant. To begin this process, the landlord is required to deliver an “Evictions Summons” and a “Complaint for Unlawful Detainer” to the tenant. These documents must be in a specific form required by law and delivered through either in-hand service to the tenant, or through a combination of service to a person at the tenant’s home and by mailing the documents to the tenant.
The tenant must either answer the summons or file a notice of appearance within the allotted two weeks’ response time, or the landlord will be awarded a default judgment. If the tenant answers, a landlord may request to hold a “show cause” hearing within one month of the date of service of the tenant, where the landlord specifies the reasons why he or she should be handed back the contested property immediately. If the landlord has successfully proven that there are no genuine issues of fact, he may be granted repossession of the property and the tenant will be evicted. If factual issues exist, a jury trial may be scheduled.
If you are a property owner struggling with a tenant who is violating the terms of your rental agreement, the attorneys at DC Law Group can help you determine your rights and responsibilities under residential eviction or commercial eviction law and get your property back. Contact us to schedule your free initial consultation.]]>On Behalf of DC Law Group<![CDATA[DO I NEED A LAWYER TO BUILD A NEW HOME?]]>https://www.dclglawyers.com/?p=470772024-03-19T06:44:31Z2024-03-19T05:21:07ZOn Behalf of DC Law Group<![CDATA[WHAT IS LIEN STRIPPING AND WILL IT WORK FOR YOU?]]>https://www.dclglawyers.com/?p=470762024-03-19T06:44:38Z2024-03-19T05:21:07ZOn Behalf of DC Law Group<![CDATA[HOA? TALK TO A REAL ESTATE ATTORNEY]]>https://www.dclglawyers.com/?p=470752024-03-19T06:44:54Z2024-03-19T05:21:07ZOn Behalf of DC Law Group<![CDATA[INCORPORATING? A BUSINESS LAWYER CAN HELP]]>https://www.dclglawyers.com/?p=470742024-03-19T06:45:05Z2024-03-19T05:21:07ZOn Behalf of DC Law Group<![CDATA[GIFTS AND BANKRUPTCY]]>https://www.dclglawyers.com/?p=470732024-03-19T06:45:13Z2024-03-19T05:21:07ZOn Behalf of DC Law Group<![CDATA[WRITING YOUR OWN WILL: HOW SAVING A FEW HUNDRED DOLLARS UP FRONT CAN COST YOU THOUSANDS]]>https://www.dclglawyers.com/?p=470722024-03-19T06:45:28Z2024-03-19T05:21:07ZOn Behalf of DC Law Group<![CDATA[PREVENT VEHICLE REPOSSESSION IN CHAPTER 13 BANKRUPTCY]]>https://www.dclglawyers.com/?p=470712024-03-19T06:45:36Z2024-03-19T05:21:07ZWhat can I do to prevent my car from being repossessed while in Chapter 7 bankruptcy?
There are several steps you can take to try and prevent creditors from lifting the stay in order to repossess your car. These include:
Curing a default
If you have funds available to catch up on car loan payments and bring them out of default, the lender will likely not repossess the car.
Reaffirming the loan
You may be able to negotiate an agreement with your car loan lender (which must be approved by the court), whereby you sign a new contract reaffirming your commitment to keep paying for the car and remain liable on the debt, and in exchange for which you will be allowed to keep your vehicle. In order to have the agreement approved by the court, you will be required to affirm that the reaffirmation agreement is voluntary, that you understand that the new agreement falls outside of the protection of the bankruptcy case and that your compliance with the repayment terms will not create a financial hardship.
Redeeming the vehicle
You may be able to purchase your vehicle for its current fair market value with a lump-sum payment in a process known as redemption. Redemption is subject to the lender's agreement or the court's approval and, of course your ability to pay.
Is vehicle “redemption” right for me?
If your vehicle is worth significantly less than your current loan balance, redeeming your vehicle may be the right choice. You can redeem your vehicle by paying the creditor the car’s market value, making you the outright owner of the car, at the end of the bankruptcy proceedings. The Bankruptcy Rules require you to list the current value of your vehicle, known as the “replacement value,” in your bankruptcy filings. This is the price that a car retailer would be able to charge for the same car, taking into consideration its age and condition. Licensed or dealership appraisers can provide you with an appraisal value, or you may consult with trade publications.
At DC Law Group, we know that the prospect of losing your car to repossession is daunting. Contact us to schedule your free initial consultation about different ways to prevent your car from being repossessed by filing bankruptcy.]]>On Behalf of DC Law Group<![CDATA[CAN A REAL ESTATE ATTORNEY HELP WITH A LEASE?]]>https://www.dclglawyers.com/?p=470702024-03-19T06:45:52Z2024-03-19T05:21:07ZOn Behalf of DC Law Group<![CDATA[5 REASONS YOU NEED AN ESTATE PLAN, ASAP]]>https://www.dclglawyers.com/?p=470682024-03-19T06:45:59Z2024-03-19T05:21:07Z