Are you a former non-resident or a current non-resident and are attempting to avoid eviction from your property? If so, it may be possible for you to use a CDC declaration of Non-Resident status form to have your case heard by a court. A legal document signed by a resident gives legal rights to that person in a rental situation; this legal document is known as an eviction notice.
A resident is considered a non-resident if they are not a permanent domicile or possess the status of an immunized immigrant. The immunization requirement of the United States Department of State lasts for six months from the date of issuance of the visa. Once the six month period has elapsed then a person is considered a resident for purposes of eviction and other proceedings under the law. It should be noted that becoming a resident does not waive the right to an eviction proceeding. If you fall into any one of the above categories, it is essential that you should look into how to legally defend your position with a competent legal attorney.
A notice of eviction can be filed against you in one of two ways: By post, or personally. Posting a notice of eviction requires that you are served with a copy at the office, or within the County where you reside. A person can also physically serve you with a copy if they so desire. This is a very common method used to serve people who fail to appear at their rental hearing. However, if you fail to attend the eviction, and then fail to appear at a court date that is scheduled after the hearing, then this too will constitute a criminal offense.
To protect your rights, you should file an Answer form with the courts. This form must be filed within fourteen days of the service of the summons. The answer form must be signed by you. You will have the opportunity to ask questions regarding the validity of the summons, as well as the legal process that are involved. A landlord cannot use a false statement on the form, nor can you knowingly submit a false answer. Both a defendant and a prosecutor need to cross-examine any answers provided, in order to prove your innocence.
Another way to defend yourself in the eviction process is to challenge the legality of the lease agreement. In order to do this, you must request a copy of the lease agreement, and compare it with the official City document. If there are any discrepancies between the two documents, you may have a case for eviction. However, sometimes the differences do not amount to a significant problem. If there are significant problems, it is best to seek the advice of a qualified attorney.
When you sign a lease agreement, you are typically given the option of either paying a monthly lease fee, or living in the property as a non-resident. In many cases, landlords try to force their tenants into signing the contract by threatening them with eviction if they do not comply. Eviction procedures require written notice, and many states have anti-eviction laws that protect tenants from abusive treatment by their landlords. In other states, the eviction process may be initiated by merely filing a suit against the landlord. The choice of whether to be a resident or non-resident can be determined by checking out the applicable laws for your area.
If you are a tenant and are concerned about being evicted, you should know that you have a legal right to remain in your apartment. Furthermore, if you have been living in the apartment as a non-resident for more than six months, you may be able to sue your landlord for violating the lease. Unfortunately, there is no federal law that protects tenants in this situation, but some states do have statutes of limitations that provide protection to long-term tenants. However, if the eviction becomes necessary, you may be able to use a CDC declaration of non-resident status to avoid eviction.
If you are a renter who has received a notice of eviction, or have otherwise reason to believe that the property manager is about to send you to prison (for non-payment of rent), it is important that you know your rights. In order to avoid foreclosure, your best bet is to consult with an attorney experienced in commercial property law. He or she can tell you what kind of lease agreements you need to look for and how to negotiate your way out of a lease that you do not want. You should also keep in mind that a person who is not a United States citizen does not have the same rights as one who is, and can use a CDC declaration of non-resident status to avoid eviction. If you are in this situation, however, it may be a good idea to consult with a real estate attorney in your area, so that he or she can give you the best advice possible.