Category Archives: Rental

Can I File For Custody Without A Lawyer?- Hiring a lawyer, some people address it as an expensive job. Not all justice seekers come from a wealthy background, some are poor. And it becomes hard for them to first hire a lawyer then go often in court and pay the lawyer. And even if you win the custody there is no fixed amount of payment for a lawyer.

Talking about another thing, spending on the lawyer will be worth it or not. They cannot even forecast the final cost of their work and many things. Most people agree on ignoring the legal issue because of its high proficiencies. If it is a simple case of custody then it would not be costing a lot, they can offer you flat fees.

Many people get worried by the thought of representing themselves in court. And many people want to file custody without hiring a lawyer, why? As I mentioned to you earlier, some people don’t want to suffer through the whole procedure of the court, don’t want to spend a lot of money behind seeking custody. Some so many single parents want to file child custody without hiring a lawyer. And if you hire one then you can go through the whole proceedings on your behalf.

How To Get Custody Of Your Child With Or Without Divorce?

• There is no need to get divorced for your custody of your child. You can file a case of legal separation on your behalf. If you don’t want to go through the whole tiring procedures of the court, it’s ok, just file a case of separation and present the grounds on which you want to seek a separation. The grounds can be whatever happened with you in the course of your marriage. After the separation, you still will remain as a husband and wife but you have to mention the reasons behind your separation.

• Mother has the privilege to retain her child custody if the child is under the age of five. And if the child is above the age of five, to whom the custody should give it is a decision of the court. The court decides it based on which parent has good conduct and ability to think child’s welfare. Even if you are unemployed you can get custody of the child because the welfare of the child is the main responsible factor of custody.
• And if the child is above age 14, then he is categorized in an adult stage. Here the decision court delineates to the child whether he wants to live with his mother or father. Your only way to win your child is good to conduct towards your child.
• In the case of where both husband and wife share an open mind and understanding. They can grow their child under both paternal and maternal love and care even about getting separated. In such circumstances, the most single parent doesn’t even file for their child custody but raise their child with equal love.

Procedure Of Getting Custody Of A Child Without A Lawyer

• First of all, you need to contact your local family court. Then for further more information on the filing papers and other documents. You need to contact a court clerk, and through his advice, you will be able to prepare all the required papers on your own. Then format those papers on your computer and print them right. Because you need to go physically to the court and represent those papers to the court for your child custody.
• Before you hit the court go and do a fine study of the custody laws in your state. The more you would gather information and knowledge, the more the case will bend towards you. Leaving no loophole in your case will make your side stronger.
• Whatever may happen with your marriage, if you still have some hope of understanding from each other then don’t rush out of emotions. Don’t file sole custody. Because you have to work for the child too, it should not lend you the stress of single parenting. Then keep all the options under consideration.
• If you don’t want your ex interfering in your own life and your child’s then provide the court with the right proof of calls, emails, messages between you and your ex, it would help you to gather proofs for restraining.
• Be punctual about the dates and times of your hearing before the court. And don’t lose confidence while representing the facts of your case. And be polite, in the urge of getting something, sometimes we rush out and lose our temperament. It’s not anyone’s fault the procedures of the court are quite lengthy and challenging your patience.
• Lastly, don’t give up. Because it is the case of your child, you don’t want to lose this now. Filing custody without a lawyer is a very difficult and time-consuming thing, so don’t give up that easy. You know nothing comes easy.

Things To Know Before Starting Legal Proceedings

Before taking legal actions, one should not seek for where he is not reasonable. Before stretching things out to legal action you should first think about the alternative dispute resolution. In the case of divorce, before filing a divorce case, if things are not worsened yet then with the help of certain counselling dispute can be resolved. When you take some dispute to the court without the help of lawmen, the whole proceedings become very time consuming and stressful.

You need patience because the court proceedings take a lot of time, sometimes several months or even years too. And if you don’t have a clear idea of exactly what you want, then you should consult any legal expert. Another fact is cheating on your partner do not trace any effects on the custody of the child. Above 14 years old child has rights to choose his custodial parents and the court considers the wishes of the child about custody. Before leaping to any procedure, always give a fore step to the resolution of the dispute.

Consider the following scenario: the landlord gives you a 3-day notice; what would happen? Will the tenant have to pack up and leave, or what if he or she is evicted? These questions arise as we listen to a landlord to serve you with a three-day notice. But it all depends on why the tenant is being served with the notice. The notice varies depending on the situation. And the eviction process can only be carried out with the approval of a judge or magistrate. Can a landlord give you 3-day notice?

Many clauses or rules may be written requiring the landlord to provide you with a 3-day notice for specific issues such as the tenant failing to pay rent on time or violating any terms of the agreement. Many landlords attempt to hire a property management company, which may dread the process and assist in filing a notice or an unlawful detainer.  When the landlord gives you 3-day notice?

Is it shocking for tenants if their landlord gives them a 3-day notice?

The notice is haunting, frustrating, and frightening for tenants because they may not have considered that in the case. Perhaps this happened in a case where the tenant’s check bounced due to insufficient funds in the bank, making automatic rent payment impossible, or there was a financial emergency in the tenant’s life and the tenant was unable to pay the month’s rent.

If the landlord has good relations with the tenant, he/she can simply call the tenant and solve the problem instead of sending the notice as soon as the tenant is late with the rent or has done something against the agreement. But in case, the tenant has multiple payments due, so he/she can expect an official notice from the landlord.

Notices of various kinds

Depending on the action to be taken, different types of notices are served on the landlord. Some are as follows: three days notice to take any action in the case of unpaid rent, violence, or drugs, seven days notice of non-compliance in the case of a violation of a law or rule, no reason notice 30 days before the rent payment in the case the landlord wishes to end the tenancy, and so on. The different types of notices required depending on the reason for terminating the tenancy.

The landlord serves you with a three-day notice for the following reasons:

1. Rent owed –

The landlord gives the tenant a three-day notice of non-payment of rent in this case. If the landlord wishes to evict the tenant, he or she must first provide the tenant with a three-day notice. The notice must state the amount owed to the landlord as well as the due date. If the tenant pays the amount, he or she will be able to continue living there. If he or she fails to make the payment, the landlord has the right to terminate the tenancy. The landlord cannot demand additional compensation, such as late fees; the tenant can simply refuse.

2. Drugs or violence? – 

In this case, the landlord provides the tenant with a three-day notice of clear and present danger and requests that the tenant vacate the premises. However, the law does not specify what constitutes a clear danger. For example, assaulting someone, illegal activities such as drug use or sale, gun use, and so on. The landlord give you 3-day notice.

The notice can also be issued if there is a fight or violence between tenants or the landlord. The important thing to remember is that the eviction process can only be carried out by the judge. The landlord does not have the authority to evict the tenant; instead, he or she must first go to court. The judge must then issue an order for the tenant’s eviction.

When your landlord gives you a 3-day notice, you may be evicted:

A “forcible entry and detainer action” is the legal term for an eviction lawsuit. When the landlord begins the eviction process, the hearing is automatically scheduled. The tenant has the right to tell the judge his or her side of the story, and the landlord has the same right. If the judge issues an eviction order, law enforcement officers are obligated to evict the tenant. And obey the judge’s orders; without them, the landlord cannot evict the tenant. If the landlord provides the incorrect notice or fills it out incorrectly, the notice is not considered or recognized in the court and the tenant can continue to maintain a legal possession on the property unless the correct 3 – day notice is given to the tenant.

A three-day notice typically includes the following items:

1. The tenant’s name
2. The unit’s address
3. The date on which the notice was issued.
4. The amount owed in rent.
5. Statement mentioning the three-day repayment notice or the unlawful detainer.
6. The manner in which the tenant is served with the notice.

How the Three-day notice can be served to the tenant?

1. Delivering the notice to the tenant at the rental place or place of work by the landlord.
2. Can mail the notice to the tenant. In case it is given to someone who is above 18 years at the rental place or place of work or if it is posted to the place.

The simplest method is to pay the rent or directly quit if the tenant is not able to pay back. If possible, the tenant can try to talk. Or convince the landlord for the repayment a little afterward just in case he/she has a valid and strong reason for not paying the rent otherwise landlord give you a 3-day notice?