What to DO When You're Facing Eviction

Are you running the risk of eviction because you have been unable to pay your rent or you violated the lease terms stated in your contract? If you are faced in a situation like this where there is potential problem looming between your landlord and you, as a tenant, you might want to know more about certain laws and regulations that govern the situation you are in.

Eviction due to non-payment of rent

Tenants are usually evicted fastest if they fail to pay their monthly obligations. When you agreed to rent the house, your landlord has granted you all the right to use the property provided that you pay him or her the agreed upon rent. In most cases, usually after at least 2 months of non-payment, the landlord sends a tenant a written notice specifying that the rent be paid at a specific date. If you are unable to pay the rent at this time, the landlord will commence eviction. Oftentimes, landlords consider partial payment as long as there is a commitment to pay the rest of the balance soon. When payment (even only partial) is given, your landlord will have to dismiss the eviction process.

Should you have problems making ends meet, you can opt to file for bankruptcy. Your tenant will be unable to continue the eviction process until the bankruptcy is resolved. However, if you decide to stay, you are still obligated to pay your rent payments.

Eviction due to lease violation

Before your landlord can evict you due to violation of lease, you must first have to check whether the violation you are accused to violate is indeed true. You may consider fixing things with your landlord by correcting what you have done or lobbying to change the provision, or negotiate whether they can grant you an exception or you can give in and let them evict you. Note though that if you have violated a provision of the lease, you will still need to pay for the rent during the period right after your eviction - up until the time they can find another tenant to replace you or until your lease period is finished.

Eviction due to safety or health issues

If you, for any reason, caused damage to the property or created a potential health hazard, your landlord should have enough reason to evict you from his rental apartment. You should be able to slow down things a bit by offering to correct the hazard or repair the damage you have caused. Even when the problem is resolved, most landlords prefer to evict tenants capable of such situations.

Making a Counter-Claim

In response to an eviction process, tenants can make a counter-claim if you think there is a basis for the eviction not to proceed. For instance, if you have complaints against your landlord - such as if your landlord incurs housing violation. Remember that you as tenant, are shielded by consumer protection laws. If you have more questions on your rights pending eviction, consult and talk to a real estate professional today.