What is an illegal eviction? If your landlord gives you an Eviction Notice, what are your rights? Find out how to fight an eviction that is not legal here.
What you will find out:
How do I know if my notice to move out is legal?
What can I do if I get a notice to move out?
Can I wait to fight the eviction until my day in court?
How can I stop an eviction that is meant to hurt me?
Can I be kicked out before the end of my lease?
If I do not have a lease, can I be kicked out?
Even if you get an Eviction Notice, that does not mean you have to leave. Many types of removal Notices give clear directions on how a renter can stop the removal process, such as by paying late rent, moving a pet that is not allowed by the lease, or stopping some other behavior that breaks the lease. If a tenant can not follow the directions in the notice or there are no instructions, the owner still has to go through the formal steps to remove the tenant before the renter has to leave. If an owner does not follow the rules, a renter may be able to fight the eviction. Here’s how to tell if an eviction is legal and what you can do about it.
How do I know if my notice to move out is legal?
A owner makes an Eviction Notice to tell a renter that they have broken one or more of the rules of their lease. If you get an eviction letter, the first thing you should do is decide if you agree with what it says and if your lease has a rule for this kind of situation. Some letters give renters a chance to fix or get rid of the problem, like by paying late rent.
The law may also set limits on who can be kicked out. Terms that are against the law can not be in a Lease Agreement, and a removal based on a term that is against the law might not be valid. For example, some state rules say that an owner can not kick out a tenant for missing just one rent payment. If you live in one of these places, it does not matter if your lease says that if you miss one payment, the owner can kick you out. That clause in your lease would not be legal. The Eviction Notice is not legal if your landlord does not have a legal reason to remove you.
You can look at an Eviction Process Worksheet to see what an owner needs to do to get started. But the removal process is different in each state and even each county, so it is best to ask a lawyer for help that is right for your area
What can I do if I get a notice to move out?
What you can do after getting an Eviction Notice rests on whether or not you agree with the reason for eviction and whether or not the notice gives you options to avoid the eviction.
If you do not agree with the reason you are being kicked out, you can talk to your owner or a lawyer about it. For example, the owner might have made a mistake with the books and not given you credit for your rent payment. You could give them a copy of your rejected check so they could fix your account. If the problem is not as clear-cut, like a barking dog, telling them that it was not your dog could make them look into it more before moving forward with the eviction. If you talk to your owner about it, make sure to record the chat or write down what was said as soon as you can afterward.
Even if you understand why you are being kicked out, you can still try to negotiate. If you missed a rent payment and can show proof of a brief difficulty, some landlords will agree to a Late Rent Payment Agreement or another payment plan. For instance, you may have lost your job and had trouble getting benefits or a new job right away. You might also want to agree to move out if the owner will let you off the hook for all back rent or if you just do not want an official eviction on your record. In rent-controlled areas, it is not unusual for owners to let renters out of paying rent and pay for moving costs and other costs.
Can I wait to fight the eviction until my day in court?
You can go to court to fight getting kicked out. It is almost always against the law for a landlord to try to force you to move out or cut off services before getting a court order. Even if the renter has been told to leave by the court, the owner can not make them leave on their own. Most of the time, an owner has to ask the police or local officials to carry out a court order. If a landlord makes a tenant leave on their own, like by changing the locks, the renter may be able to sue the landlord for civil damages, and the landlord may have broken the law.
Keep in mind that if you go to court and lose, an eviction ruling will show up in future background checks. This could make many owners not want to rent to you. If you owe money, it could hurt your credit score and lead to different court steps to get the money back. You can escape these problems if you try to work something out with your host instead of going to court.
Also, you need to get ready before you go to court. Courts have very specific rules that must be followed. These rules vary from state to state and from courtroom to courthouse. Before the hearing date, there are several dates that must be met. If you want to fight an eviction in court, you should talk to a lawyer as soon as possible.
How can I stop an eviction that is meant to hurt me?
A retaliatory eviction is when a landlord makes up a reason to kick you out to get back at you for standing up for your rights, like when you file a complaint, ask for fixes, or report a problem that makes the place unsafe to live in. For example, you might have complained to the local rent board that your landlord did not fix your heat in the winter. In response, the landlord might have acted like they never got your next rent check and tried to kick you out for not paying.
If you are having trouble with your rental, write down as much as you can about bills, problems you have told them about, talks you have had, and any other problems. If you think your landlord might try to kick you out as a way of getting back at you, it might be a good idea to talk to a lawyer about how to protect yourself even before your landlord tries to kick you out.
Can I be kicked out before the end of my lease?
Most of the time, if your landlord wants to kick you out before the end of your lease, they can only do so if you have broken the terms of your lease. When there is no formal reason to kick out a tenant, the owner may offer them money to leave, but the renter may refuse. But if a renter does not leave when their lease is up, an owner can remove them as long as they gave the right notice.
Some places have an exception that lets owners get out of the lease if the rental property is sold to someone who wants to live there themselves. This generally needs a certain amount of notice and often a payment to cover moving costs or more. There is also an exception for “acts of god” or major disasters. If an accident, like a fire, causes a renter to have to leave because the unit is badly ruined, the owner may be able to get out of the deal.
If I do not have a lease, can I be kicked out?
Most of the time, a renter who does not have a lease is called a “month-to-month tenant.” A month-to-month agreement can usually be ended by either the owner or the renter by giving written notice one or two months before the end of the agreement. If your landlord wants to kick you out sooner or if your area has strong legal rights for renters, like a rent control law, your landlord must follow the normal eviction process and may not be able to kick you out except in very specific situations.
