How to Go About Stopping an Eviction in 2022January 18, 2022
In case you end up in a situation where you receive an eviction notice from the landlord, you should know what options you have against being evicted and gather all the necessary information that will help you make the whole situation much easier for you.
The first thing you need to learn is whether it is worth fighting eviction and continuing with further steps or you should leave it. When a landlord files and submits an eviction against you, you should prepare yourself that it is not going to be easy to get it thrown out. In case you did not pay your rent, your landlord has absolutely all the right to evict you.
Unfortunately, this can happen even if you have been laid off, fight with some illness at that moment, or just don’t have money to pay. However, you should know that these are not the only reasons why you should fight the eviction. No one will take this into consideration, so let’s see when you should fight the eviction.
When should you consider standing up against an eviction?
As we said, battling a court order eviction is a challenging task, so if you want to proceed with it, and get a successful outcome, you need the best of reasons for fighting the eviction.
In the list below, you will see some of the good reasons that will give you a positive outcome in your favor. Therefore, if you find yourself in some of these things, go ahead and fight on the court for your rights!
- You can fight the eviction if you are evicted from a subsidized home or from a trailer park home;
- You can fight the eviction if you are paying your rent through escrow
- You can fight the eviction if you are being evicted because your rent payment was refused by your landlord
- You can fight the eviction if you are discriminated against because of your race, gender, or disability, or even if you have children.
- You can fight the eviction if you are being evicted because you complained about something the landlord should have done.
However, if you are evicted because you weren’t able to make rent on time, you should be prepared that the law and the court will take the landlord’s side and say that he has the right to evict you. In the case, you just did not pay your regular rent and you decide on the option of not fighting the eviction, you should know what your alternatives are and what you are going to do with your life.
What should you do if you don’t want to fight the eviction?
In case you decide to get your eviction dismissed, you should gather the information of what you need to do. Below, we prepared steps that you need to take for dismissing the eviction, so you can make things easier for yourself.
- The first thing you need to do is move from your home completely. This means that you need to pack all of your belongings and find a new place for yourself. In case you have trouble finding a new place to live, you should consider reaching out to friends and family for the time being as a safety measure as advised by Scura Law.
- After that, you should visit the court. You are going on a hearing and remember that you need to attend it, even if you’re already moved out of that house. It would be a wise decision to even bring the keys to that house and give them to the landlord in front of the judge.
- Once you are at a hearing, you have the right to request that the case be dismissed. You can tell the court that you moved and that you are now located at some other address. Also, tell them that you want to give the keys to your landlord and that you want to request dismissal of the eviction.
- If you’re in luck and the judge ceases the eviction against you, you can say to every other future landlord that you have never been evicted.
How to get an eviction discarded?
In case you think you have all rights to overcome an eviction you should be aware of the legal ways to do it.
Find a lawyer
The first thing you need to do is find a lawyer for your case. You should know that it isn’t easy to have an eviction case thrown out all by yourself, so you will need to find a professional and experienced lawyer that will help you.
After you get the attorney, stick to all of his/her instructions. In case you do not have money for the lawyer or you just think you do not need one, you need to prepare yourself for the upcoming hearing.
Preparation for your hearing
The first step of the preparation process includes gathering all evidence that will help you win the case. You can find witnesses to come to court with you to provide testimony. Analyze your case on your own or with the lawyer and find the evidence that will help you win.
Get to court
When you arrive at the court, the first thing you should do is to check-in. Before the hearing time, you can see whether your landlord would consider a negotiation to settle with a mutual agreement. If you reach the agreement do not forget to have it on paper. Taking this step can help you because if the landlord knows that you have the evidence, he can change his mind.
What can you anticipate at court?
The lawyer will fight for your rights and present the evidence that will show that your eviction is not right. When the hearing is concluded, the court will decide who will win the case. If the court rules in your favor you will then be able to stay in your home. If not, you may have to try to appeal and go through another round of getting the court to rule in your favor.