Pay or Quit. Tenants receive this eviction when they have failed to pay their rent in a timely manner. Your landlord is legally required to accept a full rental payment but not a partial payment. If, however, your landlord accepts partial payment, then the eviction ends (unless you fail again to pay rent). Cure or Quit. You can receive this eviction even if you timely pay rent. This type of eviction informs you that you have violated the lease agreement in some way. For example, you may make too much noise or you may have a pet when it isn’t allowed. The eviction notice should tell you the amount of time you have to cure the problem. Unconditional Quit. With this eviction, you have no ability to cure. Instead, the landlord wants you to leave the apartment by a certain deadline. State law limits the situations in which a landlord can issue this kind of eviction notice. Typically, a landlord would use it if the tenant has been late repeatedly with rent, used the premises for illegal activity, or seriously damaged the property.
Some lease provisions are vague. For example, your lease might state that you will use heating and air conditioning “reasonably and for the purposes intended. ” What qualifies as “reasonable” is somewhat vague. If your landlord cites a vague provision like this, then you can challenge their interpretation in court.
You should be able to find the laws online by searching your state or county and “civil procedure eviction. ” If you can’t find anything, then visit your local law library (usually at the courthouse) and ask for help finding the relevant sections of the law. Read the laws carefully because they should list the various defenses available to tenants who want to dispute an eviction.
You can find a lawyer by visiting your state’s bar association, which should run a referral service. Although costs may be a concern, you should realize that most states now allow lawyers to offer “limited scope representation. ” Under this arrangement, the lawyer does not take over the whole case. Instead, she will do only the tasks you give her. For example, a lawyer could offer advice or look over your court papers to see that they were filled out correctly. [4] X Research source If you are interested in limited scope representation (often called “unbundled legal services”), then ask the lawyer over the phone whether or not she offers this service.
Entry date Answer date Hearing date
The landlord evicted the tenant using “self-help. ” Most states limit the ability of a landlord to physically remove a tenant or to lock the tenant out of the premises. A landlord may only remove a tenant with a court order. [7] X Research source The landlord did not give proper notice. State law regulates the steps a landlord must take to properly evict a tenant. In Illinois, for example, a landlord must first serve a notice to quit and then wait a certain number of days before filing a lawsuit. If the landlord does not follow these steps, you can have the eviction suit thrown out of court. The tenant has a legal defense for not paying rent. In most states, every rental agreement carries an implied promise that the rental unit will be habitable. If a landlord fails to make required repairs after being notified, then a tenant can use this failure as a defense for nonpayment. [8] X Research source Be aware, however, that many states do not allow tenants to withhold rent in this situation. Instead, they allow tenants to make repairs and then deduct the cost of the repairs from their rent. The tenant did not violate the lease. If the landlord claims a tenant violated a provision in the lease, then the tenant can argue that his conduct did not constitute a violation. The landlord is motivated by discrimination. Federal law prohibits discrimination on the basis of race, gender, religion, national origin, disability, and family status (including children under 18 and pregnant women). Some states also prohibit discrimination on the grounds of sexual orientation. If the landlord is motivated by a discriminatory purpose, then the tenant can fight the eviction. The landlord is retaliating against the tenant. When a tenant complains to the government about a code violation in the apartment or building, then it is illegal for the landlord to retaliate with an eviction notice.
You should check with your courthouse to see if they have a form that you can use. Many courts now offer “fill in the blank” forms for standard lawsuits such as landlord-tenant disputes. In Massachusetts, tenants can use a form found at http://www. masslegalhelp. org/housing/legaltactics1/answer-how-to-defend-your-eviction-case. pdf. If your court does not have a form, then you can look for sample answers on the web. If you can’t find anything, then use the Massachusetts form as a guide to type up your own answer (do not use the form itself).
You will probably have to pay a filing fee. The fee will vary by court or state. In Nevada, you must pay $71 to file. [10] X Trustworthy Source Civil Law Help Center Nonprofit law firm dedicated to civil legal services to all people Go to source If you cannot afford the fee, then ask the court clerk for a fee waiver form and fill it out.
If you have to use a process server or the sheriff, then you will have to pay a fee. Process servers typically cost around $45-75 per service. Sheriffs will make service for a little less. [11] X Research source [12] X Research source To find a process server, look in your phone book or search online. If you cannot afford to pay for a server, then you can often have someone 18 or older serve, provided that they are not a party to the case. Generally, you may not serve the papers yourself.
If you are withholding rent because the apartment is uninhabitable, then your case will be stronger if you have objected to the apartment conditions already. [13] X Research source Be sure to gather copies of any emails or letters that you sent to the landlord complaining about the conditions. If you think that you are being discriminated against illegally because of race, religion, or sexual orientation, then try to document why. Write down conversations you have had with the landlord and preserve letters or emails. You will need to show your landlord’s bias. Also be sure to bring copies of all documents filed with the court. You should also bring a copy of the lease and a spreadsheet of rental payments, along with receipts. [14] X Research source
Women should wear a skirt or long pants with a nice blouse or sweater. Women may also wear a dress. In no circumstances should you wear shorts, hats, halter or see-through tops, belly shirts, flip flops, baggy pants, or clothing that has offensive imagery or writing. [16] X Trustworthy Source State of Massachusetts Official website for the State of Massachusetts Go to source
When you enter the courtroom, you should give the clerk or deputy your name and inform him or her that you are here for the hearing. [17] X Research source
If you use exhibits or other documentary aids, you should ask the judge if you can show them to her before handing them up. You may also have witnesses testify on your behalf. [19] X Research source Only use a witness who has relevant, first-hand information about the case. A witness should not testify about something someone else told her. Instead, all testimony must be based on personal observation.
If you win, you will probably have to write the order for the judge to sign. After the judge signs the order, you will give the landlord a copy. [21] X Research source There should be blank forms in the courtroom for you to use.
