If your landlord has served you with an eviction notice for failing to pay rent, or another violation of your lease, know that you CAN fight this in court to stop eviction proceedings.
First be sure that you become as knowledgeable as possible and understand the eviction law in your area when challenging your eviction notice.
WHAT HAPPENS WHEN YOU GET EVICTED?
It’s time to take a crash course in landlord-tenant relations.
- First, check with your local municipality to learn about your rights.
- Then contact your state’s housing authority to get as many details as you can regarding landlord and tenant rights.
- The U.S Housing and Urban Development (HUD) website has a detailed list of each state’s laws regarding this.
You can recover from an eviction and in some cases remedy the situation. Also it is possible to get back on good terms with your landlord.
KNOW THAT YOU WON’T BE HOMELESS OVERNIGHT – YOU CAN STOP YOUR EVICTION
Finding out that your landlord has started the eviction process can be both terrifying and heartbreaking. But before you have an anxiety attack about sleeping in a cardboard box, rest assured the process doesn’t happen by the next day. It takes time.
Every state has different laws when it comes to the length of time it takes to do an eviction. You as that tenant, must follow them, to preserve your rights. Much of this good information is online.
You can also see this comprehensive list when you go to 12 Ways To Stop An Eviction
HOW TO STOP EVICTION BY READING THE EVICTION NOTICE FROM THE LANDLORD
Be sure you have the most recent lease copy and read over it very carefully.
Learn about the reasons for terminating the lease, by either party. If you have missed rent payments and your landlord has started the eviction process, you’re not alone. In 2015 there were approximately 2.7 million renters in the United States that faced eviction.
If you owe some rent money, no matter how large or small, you can be evicted. Including the not-so-popular “late fees”.
Usually your landlord will give you a notice to pay your balance. This is called the landlord demand letter. Most of the time it will also include late fees. This is called the “notice to quit” or a “5 day notice”. Of course, every state differs, but it can be as short as three days.
Rest assured you don’t have to be packed up and out in five days, but time is of the essence.
Based upon state law, you may have to immediately act within the prescribed timeframe. Again, the notice doesn’t mean you have to be out, no matter how much your landlord wants you out. But you do have a specific amount of time to pay your balance in full, before the “real” eviction proceedings begin.
If you are unable to pay the rent, then your landlord can take legal action and get a court order to evict you.
Sometimes landlords “play games” in this time period. Make sure you know your tenant rights in your State. And read these 12 Ways to Stop An Eviction. It will be helpful for you.
FIND OTHER DOCUMENTS OR PHOTOS THAT WILL HELP STOP THE EVICTION
You can’t stop your landlord from getting a court order unless you pay the rent in its entirety. In order to dispute your landlord’s actions or accusations, you must first wait to receive the court order.
In some state’s cases, the court may stop eviction by finding that the landlord cannot lawfully evict you. Depending on what state you are in, the following may work as defenses to keep you in your residence:
- You paid your rent in full, and have proof, but your landlord says you did not. This is very common due to bad record keeping. But more often then not, this is a method used by some unscrupulous landlords to kick out who they don’t want in their rental unit.
- You gave your landlord a partial payment.
- You offered to pay the rent, but your landlord would not accept your payment.
- Your rental unit had a problem with an essential service – such as lack of running water or heat, and it was the landlord’s responsibility to fix it, but they didn’t (This is where having photos to bring to court will help)
HOW TO STOP YOUR EVICTION AND KEEP YOUR ROOF OVER YOUR HEAD
By taking action quickly in an eviction process, you may be able to find a way to stay in your home. Keep time on your side and don’t wait until the last minute to start looking for help.