First things first – if you come home to an eviction notice, talk to your landlord or your landlord’s attorney. Most would rather keep good tenant who is occasionally late on rent. You may be able to negotiate something that’s agreeable to both of you.
If the chat with your landlord doesn’t go as planned, it might be time to file a countersuit.
Find a lawyer
Eviction laws vary from state to state.
Some states favor tenants, says Silver Springs, MD attorney Asher Weinberg. Others tip the scales toward the landlords.
“In Texas, for example, a landlord can lock out the tenant with no prior notice for nonpayment of rent, and no court proceeding. In Washington State, the landlord can go to jail if they tried to lock out a tenant for non-payment of rent without a court order.”
Get help from a professional who is familiar with the laws in your state and can guide you through the process.
If you qualify, the local Bar Association can put you in touch with attorneys who will represent you free of charge or with a discounted fee.
File your paperwork
You’ll need to file a notice of appearance as soon as possible (and within the guidelines set forth in your eviction notice) and be prepared to explain the reasons you believe the eviction notice is unjust.
The most common reason for an eviction notice is failure to pay rent. However, if you’ve been withholding payment because you think the landlord is in violation of the lease, you may have a big fight on your hands. You still may emerge the winner, says Weinberg, but withholding rent is never the way to go.
Instead, put all your complaints in writing so there’s a record, and pay all your rent payments into an escrow account. This will prevent the landlord from getting your money until the repairs are made but will also keep you in good standing.
Pay up or get out
Should the court find in your favor, you’ll still need to pay your rent, but you will be able to stay in the apartment.
If the landlord wins, you’ll face judgment that likely will amount to rent and fees owed, court costs and – if applicable – the bill for legal help. The court will specify the amount of time in which you have to vacate, generally three days. Push past that deadline too long and the landlord – who is NOT permitted to remove you – will have the right to call the authorities and have you removed.
Important to note: regardless of the outcome, eviction filings go on file permanently.