How Can I Stop An Eviction?
One wants to go through eviction if they can avoid it. It is an upsetting and stressful situation that can end up in the loss of a home. Below are some of the ways that eviction can be stopped by the parties involved.:
Both the tenant and landlord should come up with an agreement before the landlord sends a formal eviction notice. Alternatively, once the tenant has received the notice, they should reach out to the landlord immediately. They should try to settle the issue among-st themselves eg a new payment plan.
If the tenant was unable to pay rent but is now in a position to, they should do so immediately to prevent the landlord from taking the case to court.
If the two parties are unable to come to an agreement on their own, they can get a mediator before the case goes to court.
If a tenant has a valid legal defense against the claim, they can stop the eviction. The tenant should get alawyer to represent them.
If a specific jurisdiction has banned evictions, then the landlord is prohibited from evicting the tenant. This is to say that any eviction action by the landlord will be considered illegal. This does not byany means mean that the tenant should stop paying their rent.
These bans on eviction are rare occurrences, mostly during emergency situations. They apply to both commercial and residential rental properties until the government lifts it.
Are There Any Defenses Against Eviction?
A tenant may have several available defenses to argue against an eviction. These include;
● If the landlord has accepted some portion of the tenant’s rent already, this action may serve as a waiver to an eviction notice.
● The tenant did not receive a proper eviction notice. If the landlord has not communicated properly on the impending eviction to the tenant, this can be a defense against eviction.
● If an eviction is discriminatory, such that you are being evicted because of your religion or race.
● If the landlord violates the implied warranty of habitability. This is when the landlord does not do anything about rodents, molds, or any other conditions of the rental units and they become inhabitable.
● If the eviction is retaliation from the landlord for calling the local health inspectors due to the habitability of the building.
● The landlord is attempting to evict a tenant based on retaliation towards their request for repairs or maintenance
Is your landlord illegally evicting you? Call us and we will help you argue a defense against the illegal eviction. We have experience in landlord-tenant disputes and we will ensure that you are not wrongfully evicted.
