Tips for Tenants Facing Eviction
Most tenants who are facing eviction are being evicted as a consequence of nonpayment of rent, on account of personal necessity etc. Others may face eviction for a variety of reasons, including violation of lease terms, creation of a health or safety hazard, or even a personality dispute with a landlord.
While landlord-tenant law, and the laws governing the eviction process, can change substantially between jurisdictions, there are some generalities which apply for most jurisdictions. If you are facing eviction you should check with a expert lawyer, so you can learn the specific laws which apply to your situation.
If you are tenant there are several steps your landlord must follow when looking to evict you.
The first step is that your landlord must ask you to leave, this usually means issuing a eviction/written notice. The form and length of the notice will depend on the type of tenancy you have. Once you have been given notice to leave, if you haven’t left by the time the notice expires, your landlord can file a eviction petition before the Rent Controller asking you to leave. At this time you will be given the opportunity to put your side of the story to the court. You will also receive a summons giving details of when and where the court hearing will be held.
During the hearing the judge decides whether you should be evicted or not based on the information provided by you and your landlord and what the law says. If, once the possession order has been granted, you haven’t left your rented home by the date stipulated on the court order, your landlord has the right to ask the court for a bailiff to evict you. If this happens, you will get a letter from the court telling you when the bailiffs will arrive.
It may be possible to stop an eviction process. But to do so, it’s essential you get the right advice quickly. You may be facing eviction for any number of reasons, such as personal necessity, rent arrears, antisocial behavior, neglect or damage of the property, or because your landlord doesn’t know you’re living there. In some cases, if you are able to maintain your rent payments and pay back what you owe, it may be possible to remain in your home under a suspended or postponed possession order. However, it is important that you maintain the agreed payments. If you don’t, your landlord can apply for a warrant of possession and eviction.
If you fall behind with your rent payments, it’s essential you talk to your landlord straightaway rather than bury your head in the sand hoping it will all be OK. Early action can save you a lot of stress and worry. But if, for whatever reason, you find yourself facing eviction from your rented property, we can help you.
We’ll take a lot of the weight off your shoulders by helping you negotiate the process. Our experts will stay with you every step of the way. We will help you liaise with your landlord, complete the necessary court forms, accompany you to your hearing and mediate with your landlord’s person to try and help you avoid eviction.
Remember, beginning the eviction process is usually taken as a last the resort, which is why it’s important you speak with your landlord as soon as possible. Even if they have decided to take you to court, there may still be time to save your home.