Birmingham | Dallas | Houston
info@jch-law.com
Alabama: 205-378-8121 Texas: 214-377-1416

Eviction

House Mortgage

Eviction

There are two man causes of action that landlords and banks use to recover property. Essentially, landlords file eviction lawsuits and banks file ejectment lawsuits. Both actions go through similar procedural court processes in that the landlord/bank has to prove it has the right the remove you. As such, you also have a chance to present your side of the story.

Landlords often convey, either directly or indirectly, a sense of urgency early in the eviction process that leads the tenant to believe the locks will be changed at any given moment. This cannot legally happen in Alabama. If you are in the property, landlords/banks cannot legally change the locks without at least a court order. Plus, the only entity that can forcefully remove you from the property is the Sheriff or some other state entity acting under the authority of a court order.

Landlords/Banks must follow specific procedures both pre-lawsuit and post-lawsuit.  They sometimes miss steps because of trying to rush.  They also fail to have the essential evidence and accounting in some case.  Please feel free to contact me as early as possible in the process for a free consultation of your rights.

More Information

The CFPB is a great resource for more information.