How To Fight an Eviction
An eviction may only occur after a landlord has been granted a court order. Until the order is granted a landlord may not physically remove a tenant, bar a tenant from entering the premises or attempt to remove any of the tenant’s property. These are some of the steps a tenant can take to protect themselves from being evicted.
Proper notice to vacate
If you do not have a lease or your lease has expired but you are continuing to occupy the premises your landlord still must give you proper notice to terminate your occupancy. If you have resided in the unit for less than a year the required notice is normally the same time period covered by your rent payments. If it is a week to week tenancy one week’s notice must be given, for a month to month tenancy one month's notice must be given. If you have resided in the unit for over one year your state may require your landlord give you 2 months' notice.
Rent control
If your unit is governed by rent control laws your landlord may be required to give more than a one or two month notice and also may be required to give "just cause" to evict. Check with your local rent control board for your specific requirements.
Respond to any notices sent by your landlord
If you have a lease your landlord may only evict you if you have failed to pay rent or have violated the lease agreement. In most states the landlord must first notify the tenant in writing of the violation and give them time to either pay the rent or to cure the lease violation before filing a court action.
Answer the eviction complaint
In order to evict a tenant a landlord must file an eviction complaint with the court. You will be served with the summons and complaint and must answer the complaint. If you do not answer the complaint your landlord will likely be granted a default judgment.
Defenses to an eviction
Retaliatory eviction – a landlord may not evict a tenant because they made a complaint about the property to the landlord or a government agency. Most states infer that any action against a tenant for the preceeding six months after a complaint has been filed is retaliatory and illegal.
Uninhabitable – if a residence is in uninhabitable conditions a tenant may have a legal right to withhold all or part of their rent. Some jurisdictions also allow a tenant to make necessary repairs and deduct the amount of those repairs from their rent.
Hire an attorney
An eviction is the difference between having a home and being forced onto the street with your belongings. Spending the money to hire an attorney may be a wise investment. If you feel you have not done anything to warrant the eviction an attorney may be able to help you find a defense and fight the eviction.
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