How to Win Against a Landlord’s Eviction Notice

Answer

The legal procedure that a landlord must go through in order to terminate a tenant’s lease and remove them from the property is known as an eviction. It is not permissible for your landlord to demand that you leave immediately or remove your belongings from the rented property. Instead, she will have to serve you with a notice of eviction and file an eviction action in the court that has jurisdiction over the county in which the property is situated. You will have the opportunity to respond to the notice and correct the default that resulted in the issuance of the notice. If you don’t, the landlord will probably kick you out of the apartment.

Tip

If you live in one of these states and have a lease that is month-to-month, your landlord has the right to issue you a 30-day notice to move out for any reason. In other situations, he cannot evict you without “just cause” and must have a purpose for doing so.

Curing the Eviction

Because you have broken the terms of the lease, you are required to “cure the default,” which is another way of saying “making good” on the reason why you are being evicted. You will have three days from the time you get your eviction notice to resolve the issue that led to the notice, such as failure to pay rent or breaches of the lease agreement. You are required to provide a written response to the notice that was sent to you by your landlord along with either payment or evidence that you have remedied the default. The first day of the three-day period on which the clock starts ticking is the day after the notification is brought to the recipient’s attention. If you take care of the issue, your landlord will have no legal grounds to kick you out of the apartment.

Respond to the Eviction Notice

Submit a response to the eviction notice to defend yourself against it. If you do not react to the notice that has been sent to you within three days, or if your landlord still intends to evict you, he may file a lawsuit against you for illegal detainer. You will be given a copy of the lawsuit to review and reply to within either five days if you were served in person or fifteen days if you were served over the mail. The lawsuit will be handed to you. Your response should explain the legal grounds for why you should not be evicted, such as the fact that you have paid the rent or remedied the default in the lease, and you are required to submit the answer to the court in which the action was first brought against you. You shouldn’t simply email the landlord your response right away. You have the right to submit a move to quash the eviction in the event that the landlord did not properly serve you with the eviction notice or does not allege circumstances sufficient to cause the eviction. You are required to provide your landlord a copy of your response when you do so.

Defend Yourself

You need to defend yourself in court, so go there. A hearing will often be arranged after you have submitted your response to the complaint. You are required to be in person at this hearing in order to deliver your evidence. Bring any and all proof that demonstrates why you should not be evicted and why you did not breach the contract, such as cancelled cheques, photographs of the rental property, and any other relevant documentation. A court will decide whether or not you will be evicted from your apartment. In the event that you are unsuccessful in the litigation, the landlord will be given permission to have the sheriff take your belongings from the property in the event that you do not vacate the premises. If you come out on top, the landlord won’t be able to kick you out.