What Can a Tenant do After Receiving Eviction Notice

What Can a Tenant do After Receiving Eviction Notice

Eviction means to put out but with legal process sometimes it becomes vital because landlord become unable to get their property vacated by the tenant. This is a legal process that is followed properly keeping in mind the rule of the law. In this a legal notice is sent to the occupant regarding leaving the property and are asked when they will be able to vacate the property. This notice is sent by landlord but after fulfilling all necessary legal formalities. Eviction can be due to many reasons like nonpayment of rent, misappropriate use of the property etc.

It is true that the tenant will be in complete turmoil once he receives the eviction notice from the landlord. However, he is left with only two options. One is openly connecting with the property owner conveying his situation and asking for some extra time for pay back of rent. The other is struggling with the effects of the police or court trial. Most of you will not opt for second choice.

There are two situations that can occur. The first one is the landlord wanted to deliberately remove the tenant from his house for some reason or other. So, he gives notice and complaints with the tenant. The second one is the tenant creates the problem by not paying the rent or violating the lease agreement. Let us consider the first case. The tenant will be given reasonable time by the court for defending his stand. Hence, he has to draft an appropriate reply for the eviction notice served by the court. If needed, he should take help of an attorney for giving suitable reply for the notice. He will be given chance for explaining his stand about the repairs of the house or about the landlord who did not give any advance intimation for increasing the rent.

If the tenant is of unruly behavior here the landlord is faced with challenge for removing him out of his premises. If he could prove the nature of the tenant in the court, then the court will give permission for evicting the tenant. Even now, the landlord cannot throw him out of his house. Once he gets the court order the landlord should approach the sheriff, who in turn gets in touch with the tenant and posts a notice giving reasonable time for Gypsy removal. The process of eviction may go up to maximum of 20 days after the court passes favorable order for the landlord.

But the case turns different if the tenant has valid defense and he files a case against the landlord. After receiving the eviction notice, if his stand is genuine, the tenant can move a petition for trial. This may take even several months and in case if he wins the case, the landlord will have to pay compensation to the tenant.

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