What To Do If Youï¿½ve Received an Eviction Notice
UPDATED: January 20, 2020
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If you haven’t been paying your rent, or have had some other ongoing problem with your landlord, you shouldn’t be surprised if you receive an eviction notice from the courts. If you do get an eviction notice, you must take action immediately in order to preserve your rights and potentially avoid eviction.
Here are three tips on how to handle an eviction notice.
- Determine the reason you are being evicted: Have you failed to pay your rent? Have you destroyed property? Have you failed to live up to some other aspect of your contract, for instance by having others live with you who are not on the rental agreement, or by subletting? Have your neighbors been making noise complaints or have you been keeping your apartment in an unsanitary condition or using it for illegal activity? Has your lease ended, and have you decided not to leave despite your landlord’s decision not to extend your lease?
State law generally prescribes specific situations where a landlord is permitted to evict a tenant. Thus, in each of these instances, your landlord may have a legal right in your state to evict you, and how you should respond will depend largely on the reason you are being evicted. Conversely, if there is no legally-permissible reason for your eviction, it may be wrongful. A qualified landlord tenant attorney will be able to evaluate your eviction notice and determine if you have any legal recourse.
- You must respond immediately: In some states, you have very little time to respond, as little as five days. Do not simply ignore an eviction notice, or worse, avoid your hearing date. You must respond either to your landlord directly or to the court, depending on where you live. Contact your local court clerk to find out where you should respond. If you don’t show up for your hearing, a default judgment could be entered against you, which means you will lose your right to contest the eviction.
- Try to make arrangements to avoid eviction: Even though you received an official eviction notice, it is not too late to make the problem go away by remedying the situation with your landlord. The process for working out the situation will of course depend on the reasons for your eviction, but you might consider:
- Proposing some sort of revised rental payment arrangement or borrowing money to pay late rent.
- Addressing damage you have caused or offering to make necessary repairs.
- Making an effort to prove that you are not subletting or you do not have people living with you unlawfully.
If it is not possible for you to work things out with your landlord, and you feel like you are being wrongly evicted or that you have been discriminated against, you can contact your local renter’s board, or consider hiring legal counsel to advise you of your rights and to represent you in court. Again, communication is vital when you are facing eviction. Clearly articulate why you feel you are being wrongfully evicted, and seek the necessary help during the allotted timeframe allowed under the eviction proceedings. Do not delay – doing so will only bring you closer to eviction.