If evicted, what to do?

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Eviction is the forced removal of a tenant from a property. Being evicted can be a traumatic and frustrating experience and can sometimes even be an illegal attempt to kick a law-abiding person out of your home. If a person is evicted against their will, it is important to gain a full understanding of the reasons for the eviction and to explore possible solutions.

Almost every region has very specific laws about what constitutes grounds for eviction. Both tenants and landlords have certain rights and responsibilities in a rental property. Usually, but not always, a landlord cannot evict a tenant unless the tenant has violated the terms of the rent or lease. For this reason it is extremely important to obtain a copy of your lease or lease agreement as soon as you are notified of an eviction, to see which clauses may have been violated. Common reasons for eviction include non-payment of rent, destruction of property, or criminal activity on the property.

In most cases, an eviction notice gives the tenant a certain amount of time to move out or fix the issues. Often, such as in cases where rent is late or unpaid, the eviction notice can be revoked if the tenant pays the amount owed. It’s important to try and discuss your options with the landlord when you get evicted; If a job loss or family crisis has left a tenant temporarily cash-strapped, the landlord may be willing to give the tenant more time to raise the money. Legal experts often strongly suggest trying to resolve the issue peacefully with the landlord, rather than resorting to threats of lawsuits or more serious action.

There are some cases where the fault that caused an eviction is considered unrepairable. In California, for example, a landlord can force a three-day eviction if a tenant commits domestic abuse or deals drugs on the premises. While it is usually advisable for a tenant to seek legal advice when being evicted, in cases where the landlord is acting within the parameters of the law and the fault is beyond repair, the tenant may have no choice but to move out. If a person is evicted and has no money to move to another location, he or she contacts local human services departments or charities that provide temporary shelter for the homeless. Being evicted and having nowhere to go is also an understandable reason to enlist the help of friends and family.

If a tenant believes they have been evicted illegally, it is important to contact a legal expert immediately. Hire an attorney or contact local low-cost legal aid firms for advice and possibly representation. Investigate local tenant/landlord laws to find out if eviction is truly illegal or just seems unfair. If a tenant is illegally evicted, the landlord may back off when he realizes the tenant is about to raise a legal ruckus. Even counseling and a letter of intent from an attorney can be enough to convince an overbearing landlord to back out.

It’s not uncommon for landlords to try to kick tenants out for ridiculous, selfish, or unfounded reasons, but it’s also not uncommon for tenants to be equally unreasonable. Some legal experts recommend that a tenant trust the actual law in the area to determine who is right or wrong and try to exclude personal matters from the situation. Yelling and yelling at a landlord is very unlikely to solve a problem, but following legal steps can be much more efficient. If an eviction is truly illegal, legal aid may be the best way to prevent it.

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