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Facing Eviction? Defense Options You Should Consider

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As a tenant in a rental property, you have a responsibility to pay your rent in full and on time, and you also have to abide by the terms of your lease agreement. Your landlord is legally obligated to certain things as well, including following an appropriate legal process for eviction. If you've been served with an eviction notice for any reason, it's important to talk with a landlord-tenant lawyer right away. You may have options to fight the eviction, but you'll typically need a lawyer's help to navigate the process. Here are some ways to potentially fight an eviction.

Familiarize Yourself With Eviction Proceedings

The first step in trying to combat an eviction is to familiarize yourself with your state's laws associated with eviction proceedings. The best way to do this is to reach out to a landlord-tenant lawyer. They can tell you what the legal steps are that your landlord must follow for the eviction to be considered legal in your state.

If your landlord does not follow the laws prescribed in your state, you may be able to have the eviction dismissed. This includes errors such as failing to provide you with a 3-day notice to quit. This notice advises you of your landlord's intent to seek eviction and the grounds for that eviction. This gives you 72 hours to resolve the problem and potentially prevent the eviction.

Understand Your Remedy Options

When you are served with a 3-day notice to leave, you should immediately reach out to a landlord-tenant lawyer to have them review the notice and provide you with the options available to you for resolving the problem.

If you're served with the notice due to non-payment of your monthly rent, the resolution is simple. Pay the landlord the balance owed to stop the eviction. Make sure you document the payment and get a receipt so that you have evidence of the resolution in case the landlord takes it to court anyway.

In cases where you are served with the notice because of other breaches of your lease, such as damage to the property or noise violations, you'll need to work with the lawyer to ensure that any resolution you attempt is legally permissible.

Go to Court

Finally, remember that you don't legally have to move out at the end of that 3-day notice to quit. You can stay in your home until you are provided with a date for an eviction hearing in court. Work with a lawyer to ensure that you have legal representation during that hearing, and argue your case in court.

This is especially beneficial in cases where you've followed legal steps to withhold rent due to problems at the property or if there are other issues where you can prove that you are not in the wrong. Your lawyer can help you present a sound case.