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Tenant Rights Against Unfair Eviction
An eviction is a legal process through which a tenant is removed from the rental property by the landlord. Depending on the jurisdiction, before a landlord can start the eviction process, he/she must win an eviction lawsuit and must first give the tenant a legal notice to quit or notice to vacate the apartment or property. A copy of legal notice signed by landlord is delivered to the tenant by a state marshal. The notice says that the tenant must leave the apartment or room within 3 to 10 days. |
The most common cause for eviction includes non-payment of rent, violation of lease, is a nuisance or breaking serious laws such as prostitution or involved in drug peddling. In some cases, again depending on the laws of the particular states, a landlord may post an unconditional quit notice, meaning the tenant can do nothing to counterbalance his mistake.
Once you receive an eviction notice you should immediately contact a lawyer. If for any reasons you are unable to contact a lawyer by the second day after the return date, you should go to the court listed on the summons and ask the clerk for help in filing an appearance. Remember an eviction is a court order if you do not do anything after the receipt of an eviction notice, you will lose the case by default. As a tenant, you have important rights which you can use to avoid unfair eviction.
The refutations which a tenant can make to halt an eviction process depends upon the reason the landlord began the eviction action and the type of lease involved between the two parties. Some of refutations may include:
- The tenant agreed to pay the rent before the eviction process begins.
- The landowner accepted the rent after the eviction procedure began.
- The apartment or room was in not in habitable conditions.
- The tenant (or other member of tenant’s family) is elderly or disabled person or is pregnant and lives in the dwelling with five or more units.
You can also settle your dispute with your landlord outside the court. But it is always better to settle your dispute in the court room, with the help of a housing specialist. The housing specialist works at the court, and tries to help landlords and tenants resolve their dispute. If the housing specialist failed to resolve your dispute you can take your case to the judge, and he or she will decide if your landlord has the right to evict you or not.
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Tenant Rights Against Unfair Eviction
