Is There any Way to Stop an Eviction?June 16th, 2010 by Staff Writer
There are some steps you can take to stop eviction, depending on the reason for the removal and the laws in your particular jurisdiction. Eviction laws differ from state to state, so much depends on what laws apply to where you currently live.
Grounds for Eviction
To determine whether or not you can stop an eviction, you should have a basic knowledge of the grounds for eviction. Typically, a landlord has the right to evict you for non-payment of rent, violating or breaking a portion of your lease (for instance, keeping a pet in your apartment when the apartment has a no-pet policy) or for conducting any kind of illegal activity on the property. However, in order for the eviction to be legal, the landlord must present you with a Notice to Quit or Notice to Vacate. In other words, he must present you with an eviction letter. In some instances, you can do nothing to stop the eviction, especially if you’re given an Unconditional Quit Notice. If you’re served with such a notice, you must leave without the opportunity remedy the situation.
The Right to Redemption
In some states or jurisdictions, you can stop an eviction ordered by the court from proceeding by exercising a Right to Redemption. In such cases, you can stop the eviction cold in its tracks by paying the landlord the rent you owe him as well as any additional fees. However, in certain jurisdictions that allow for a Right to Redemption, you can still be evicted if you consistently avoid making your rental payments and use your Right to Redemption to stay in your apartment. In such cases, the landlord can boot you out by filing a No Right to Redemption with the court system. Therefore, you could not use your Right to Redemption and would have to leave.
If you do nothing in reply to the Eviction Letter, then the landlord will serve you with a Complaint, which will require that you appear in court. It’s important for you to respond with an Answer to the Complaint, especially if you feel that you have a strong defense with respect to the landlord’s wish to remove you. For example, if you believe you’re being evicted because the landlord is retaliating against for an issue that isn’t grounds for eviction or he hasn’t given you proper notice, then you may curtail the process.
Renewal or Non-Renewal of your Lease
If you’re being evicted as a result of your lease expiring, the landlord is required to give you at least a 60-day written notice for renewal or non-renewal of your contract. If he doesn’t, and serves you with an eviction notice, you can stop the eviction until the proper procedure is followed.
You can also stop eviction if the landlord has ignored making repairs that affect your safety and is evicting you as a result or has changed the locks because you were behind on you rental payments. In such instances, you are entitled to file a Wrongful Eviction Claim. However, you have a limited time to file such a claim as the Statute of Limitations for doing so only runs, in most cases, up to one year.
You can fight eviction. Just make sure you’re in your rights to do so.