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Read Eviction Notices Closely

You’ve been evicted and you panic. Stop, calm down and read the notice very closely, and if you have questions, contact a lawyer with experience in this area of the law.

Renting at the best of times might not be the most wonderful experience, depending on the landlord you have. That having been said, you need to be aware that there is a complete set of rules, regulations and laws that govern not only what rights you have as a tenant, but what rights the landlord has as well. These laws do apply to evictions, which tend to vary from state to state — all the more reason to consult a lawyer if you are faced with eviction.

The first thing you should be aware of, depending on where you live, is that the landlord might not need to provide a reason for evicting you. Check this out before you rent if you don’t want any unpleasant surprises later. In California for instance, there are a fair number of jurisdictions with laws on the books that say the landlord doesn’t have to give you a reason for evicting you. So, before you fight eviction, check with an attorney to find out what laws apply in your state.

Just for the record, other states do have various good reasons on the books for a landlord to evict. Some of them include failing to pay the rent, that a provision in the lease was violated (always read the fine print on your lease first), there are damages to the rental unit or you are a nuisance and/or doing something illegal.

Another reason that landlords may also use is that the tenant is not letting them into the unit to repair things or to inspect it. If you don’t like the idea of someone going into your home to inspect it, then you might want to think twice about the concept of renting.

A notice of eviction cannot be verbal; it must follow specific rules as laid out in the laws of your state. Generally speaking though, the eviction must be contained in a written notice. Whether the reasons for the eviction are contained in that notice may depend on the reasons for eviction in the first place. The length of time to vacate the premises may also range (depending on where you live and the reasons for the eviction) from 3 to 120 days.

Landlords may also file something called an Unlawful Detainer, which indicates you have violated the terms of the rental agreement in some manner. Do not ignore this notice, as it was filed in court and is a valid legal document. Speaking of legal documents, there is another method of being evicted, being served by a Sheriff. Again, this is usually the result of a case that has gone to court.

Read every document you get during this process very carefully, as it might not mean you need to leave right away. There may also be things you are able to do, with the help of a highly skilled attorney, to fight the eviction. You won’t know until you call an attorney and ask for a consultation. Don’t think that you have to fight an eviction on your own, not when competent legal counsel will be able to sort things out for you.

Household Family Members Exclusions in Motorists Insurance

Some motorist insurance policies contain an exclusion of liability and uninsured coverage for members of an insured’s household or family. Where these exclusions are enforceable, they would prohibit, for example, a husband, who was a passenger in a car driven by his wife, from recovering benefits under her insurance policy for injuries he suffered in an auto accident that she caused. One reason given for denying insurance coverage for members of an insured’s household or family is a perceived difficulty of defending a lawsuit brought by an insured’s household or family member against the insured.

Whether household and family exclusions are valid and enforceable in a particular state depends upon the decisions of the state’s courts. Some courts have upheld the validity of these exclusions because they do not violate the state’s public policy or state insurance laws. Other states have ruled that the exclusions are invalid because they do violate public policy and insurance laws. Some states enforce the exclusions as to liability coverage but not uninsured coverage.

Even though a state court finds these exclusions valid, it might conclude that they do not apply to the parties in a particular case. The court must decide whether the injured person is a family or household member of the insured under the motorist insurance policy. In one case, a court would not expand the definition of the term household to include unrelated roommates. In another case, a court found that a college student, who was injured in an auto accident caused by her father, the insured, was not a resident of his household. The student had become a resident of the state in which she attended college and only returned to her father’s house for holidays.

Therefore, exclusions in a motorist insurance policy that deny coverage to members of an insured’s family or household may or may not be valid in a particular case. Further, several factors must be considered before an injured party may be found to be a member of an insured’s family or household. It is best to check current case law before accepting that these exclusions in a motorist insurance policy bar an injured person’s recovery from the insured’s policy.