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Ways you may defend yourself against an eviction

On Behalf of | Mar 14, 2022 | Landlord-Tenant |

Evictions involve much more than a simple notice to vacate.

Your landlord cannot evict you without going to court, and starting an eviction case against you does not mean that the landlord definitely wins.

Asking for an adjournment

After your landlord files, you receive a notice for a court date. If you are not ready for court, you may ask the court for an adjournment, which is a 14-day postponement. Without a judgment, this is no eviction. If the landlord filed claiming non-payment, you may use this time to make your rent current and avoid court.

Possible defenses

If you make it to court, you can defend yourself against an eviction. Make the judge aware if any of the following apply to your case:

  • The landlord never provided receipts for rent payments.
  • The landlord tried to charge you for fees not applicable to your rent.
  • You withheld rent because the landlord failed to make repairs that fall under landlord responsibilities.
  • You never received a 14 or 30-day demand for rent payment.
  • You never received a certified letter stating that the landlord had not received rent.
  • You have the rent payment in escrow because the landlord refuses to make necessary repairs.
  • You have a receipt or a witness to prove that you have paid the rent already.

If your rent is in escrow, awaiting repairs, bring copies of the notices as proof.

It is always in your best interest to understand tenant laws and your rights as a tenant in case you need to challenge an eviction.