Holding Your Ground: 5 Lawful Ways to Fight an Eviction Notice

Lawful Ways

The eviction process must follow all steps presented by federal and state laws. A landlord cannot just decide to evict a tenant without a valid reason. They also cannot force the tenant to leave without notice. Here are 5 lawful ways to fight an eviction notice.

  1. Get An Attorney

A standard eviction notice requires the landlord to inform the tenant in writing about the reason for the eviction. The reason for the eviction must comply with the terms of the lease and local and federal laws. A landlord cannot verbally tell the tenant they have to leave and force the tenant to leave on the same day of their verbal notification.

The process must adhere to federal and state laws. Any tenant who hasn’t violated the terms of their lease cannot be evicted from a property if they have a valid lease. A tenant will need a commercial litigation attorney to take legal action against their landlord.

  1. Examine the Terms of Eviction In Your Lease

The terms of eviction must be specified in the rental lease agreement. It must indicate the actions that the landlord can take against the tenant to evict them. It must define terms that are a violation of the lease agreement. For example, if the lease agreement specifies where the rent is due, it will also indicate when the rent is late. It must also specify how far behind the tenant must be on their rental agreement before the eviction starts and how long the tenant has to catch up on their payments.

If there are other rules in the lease, the eviction terms must specify what rules and violations these rules can lead to an eviction. The landlord cannot place an eviction notice on the tenant’s door informing them they have to leave without a just reason, and their reason must coincide with the rules and terms of the lease.

  1. Review Eviction Laws in Your State

State laws for eviction must be followed by all landlords and rental property owners. For example, the landlord or property owner must present a written notice of the eviction and give the tenant at least 30 days to correct the issue, catch up on payments, or vacate the property. The landlord cannot lock the property and prevent the tenant from entering the property just because they put a sign or note on the tenant’s door. This is unlawful. The tenant is within their rights to present the landlord’s violation of the law to them directly. The tenant can write a letter and have it sent to the landlord via certified mail explaining these facts.

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  1. Seek Assistance Through State or Federal Agencies

The Department of Urban Housing Development can help with some cases involving an eviction. They can also help with rent-to-own contracts that were issued to a tenant where the property owner has failed to follow the terms of the agreement. In these circumstances, the property owners attempt to sell the property to another party when they have an active lease with a tenant. This is also unlawful.

  1. Force Majeure Clause

The force majeure clause comes into effect when the tenant’s inability to pay rental payments is out of their control. A prime example of this is when the global pandemic causes nationwide shutdowns for many businesses that were deemed nonessential. The circumstances prevented several people from working and earning wages to pay their rent.

Eviction can become embarrassing and present a serious hardship for many tenants. Fortunately, there are laws that can help them if they are facing an eviction. An attorney can help them sort out the details of their eviction and may help them remain in their home.

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