When a tenant of a property has stopped paying rent or violated other terms under their lease agreement, they can face eviction of the property by the landlord. When this process happens, the landlord is obtaining a legal order from the court to remove the tenant from their property.
Eviction can feel like a helpless situation; if you find yourself asking “What can I do if I am being evicted?” there are options. Let’s visit some of them below that may be helpful in this situation.
It’s vital if you receive notice that your landlord is trying to evict you that you don’t allow them to force you out unlawfully; there is a legal process your landlord must follow, and you have tenants’ rights. The notice you receive will probably be in the form of a “30-day notice to vacate” or a notice to pay rent due or fix any lease violations in 3-5 days or else face eviction.
If you experience your landlord trying to force you out of your home on their own, contact the police or legal assistance right away, depending on the situation.
Sometimes a landlord will begin eviction proceedings due to perceived lease violations; if this is the case, review the terms of your lease promptly before responding. If you find there is something amiss that you can correct yourself, correct the issue and notify your landlord or contact your landlord as soon as possible with a plan of action proposal to solve the problem.
It’s crucial that you adequately respond to this type of eviction notice because if the landlord wins the judgment, and you are evicted, you can be removed from the property and still owe rent up until your lease expires.
If you are behind on payments and your landlord has given notice of intent to evict, be sure to respond to the notice right away. More often than not, landlords will be willing to make arrangements with you to catch up payments so you can retain your residence. It is important, however, that you do not ignore the notice and you contact your landlord promptly.
If you do not respond to initial notices of plans to evict given to you, or if your landlord decides to continue eviction proceedings, the next step will be receiving a court summons. Be sure to respond to this summons within the allotted time and show up for your set court date; otherwise, you could be adding additional problems to the situation.
If you are concerned about affording a legal defense, you can contact your local bar association or court to request mediation assistance.
During court proceedings, the judge is going to want to hear both sides of the story. If you feel that you are within your rights not to pay rent, such as for neglected maintenance or property safety issues, be sure to bring any supporting documentation with you. If you do not have a valid reason to withhold payments under your lease agreement it is still important that you honor your court date; often, the presiding judge can assist with making payment arrangements that suit everyone.
If the landlord is approved for evicting you as their tenant, they will have to involve the local sheriff's office to enforce the ruling and oversee you're leaving the property. If you are able, it is advisable that you leave the premises on your own volition before this happens.
Unfortunately, evictions will be placed on your credit report and are available for future landlords to see for the next few years following the event. Your rental searches may be limited due to this, and you may be forced to pay higher rental deposits as you can be seen as a higher risk tenant, but you should still be able to secure a new residence.