Affordable Legal Advice for Tenants Facing Eviction

The Landlord Must Give Proper Notice

Formal eviction is normally the last step in a process a landlord must follow, which normally includes their seeking a court order before they can have a tenant put out. For failure to pay rent or violation of the lease, the tenant should be given notice within the time allowed by law to cure the problem. If an eviction lawsuit is filed, the tenant should be properly served unless no one can be located at the premises to properly serve, then they can post the summons on the door and may be required to also send a copy by certified mail.

Receiving a Notice to Vacate can send shivers down your spine. Where will you live? Will your credit be damaged? Both your lease and the law dictate the rules for providing proper notices before a landlord can seek to evict the tenant. If your landlord has not followed those rules, a lawyer can help you seek to cure the problem, possible settlement, or defend if needed.

Knowing your rights and options can provide peace of mind, allow you to properly plan, avoid formal eviction proceedings in court or make sure the proper steps are taken so that you can move forward with the best possible resolution based on your circumstances.

Be prepared for the outcome. You need to be prepared to move out with your belongings if needed. Ignoring the matter can make it worse and leave you in a more difficult situation. Knowing your rights, options, and the law is not just for landlords. Tenants who have access to a lawyer can get the much-needed help they need during a difficult time.

• Was proper notice provided based on the law and terms of your lease?
• Did the notice give you a sufficient amount of time to remedy the problem as required by state law?
• Was the eviction lawsuit properly served or posted?

Eviction is already stressful enough. Don’t go it alone and try to navigate these complex legal questions. Get a personal legal plan from LegalShield and have access to a provider lawyer’s knowledge of the law related to evictions so that you can protect your family and your finances.

The Landlord Has Failed to Properly Maintain the Property or Otherwise Violated Your Rights

Federal and state laws require landlords to fulfill certain obligations to their tenants. If they fail to meet those obligations, they generally forfeit the right to evict you and may even owe you money.

• Tenants have a right to a safe living environment with working utilities.
• If you give your landlord proper notice of a defect and they fail to fix it, you may have a defense against eviction and may even have a claim for rent reduction.
• Even if you’ve failed to pay rent, if your landlord has blocked you from the premises, removed your property or otherwise made it impossible for you to live in the property, you may have a defense against eviction.

If your landlord has failed to maintain the rental property which must be kept in a habitable condition, provide necessary services such as running water, trash receptacles and removal, a tenant can have a possible defense to eviction. A tenant may have notice requirements of their own if necessary repairs or services are not provided by the landlord.

Depending on state law, a tenant may be able to make certain repairs that impact health and safety, and seek substitution services or make reasonable repairs and deduct from the rent or terminate the lease.