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1badazzff44 · Jul 26, 2012, 02:32 PM

My girlfriend got a eviction notice... she got an attorney and the attorney sent the landlord a letter stating that the eviction is on hold until a court date can be done... she is worried the sherrif can still make her get out even though the attorney sent this letter to the landlord... can the sherrif still come and do this to her even though the lanlord received a letter from the attorney that the eviction is on hold until further notice of a court date

Fr_Chuck · Jul 26, 2012, 03:36 PM

The attorney sent a worthless letter. The landlord can not evict until he takes them to court, that is the law. The notice of eviction given before this is required notice before they file in court. I hope they did not pay a lot of money to pay an attorney for a letter they could have just written theirself.

The attorney letter did not stop anything, since they were not allowed to without court hearing

ScottGem · Jul 26, 2012, 04:38 PM

The first step in the eviction process is a notice to vacate. If the tenant does not vacate by the deadline in the notice, then the landlord files for an eviction order in court. At that point a court hearing is ordered. At the hearing a judge either issues an eviction order or denies it. Rarely is it denied. Only then can the landlord hire a sheriff to remove the tenant.

So the attorney's letter did nothing!

Why is she being evicted? Unpaid rent or what? Does she have a lease?