Landlord Tenant Dispute

Are you afraid that your landlord is going to evict you or is your landlord already evicting you?

Evictions are never easy situations for both parties involved. As stressful as it is, it is important to remain calm and open during the entire process. This will help you prove your character in court should it come to that. Assisting Renters is here to help you undertand your rights as a renter, the three different eviction types, and advice on how to avoid this in the future.

What you should know as a tenant that is being evicted:

In order to evict you from your lease, your landlord has to give you a formal notice, generally in writing. If you choose to do nothing when the notice is given to you, then your landlord will have to file the lawsuit against you. They cannot just kick you out of the residence. They genuinely have to give you a time frame of when you should be out. If you refuse to be out within that time frame, they may have a law enforcement officer escort you off the property.

There are 3 different evictions types:

First, your landlord will give you a number of days to pay the rent that is past due. Generally, it will be three to five days to pay the rent or move out.

Second, if you violated a condition on the lease, you will be given a certain time period to fix the issue or move out.

Lastly, if you have broken a condition on the lease agreement and have made no efforts to fix it, your landlord will give you no chance for corrections. In some situations, your landlord may ask you to completely vacate the property, even if you have paid your rent on time.

How to avoid evictions in the future:

No one wants to be evicted or to evict someone, but sometimes it is necessary. To avoid evictions in the future, follow these tips:

  • Always pay rent on time and track when you pay it. You can track when you pay it through your bank account or a notebook. Make sure you keep all receipts or take screenshots when your payments are processed online. This will help you prove that you have paid your rent in full and on time.
  • Read and understand your contract. Know what you are responsible for and what they are responsible for. Write it all down in two separate lists and keep it somewhere where you can see it. If you need something explained, reached out to them directly or reach out to a lawyer or friend. This will help you understand your responsibilities as a tenant and help you realize when they are not doing something they should be doing.
  • When a problem happens, notify the landlord right away. The landlords should have a process on how they handle inquiries. Keep note in  a notebook of when you submitted the inquiry, when the landlord showed up to fix the problem, if the problem was fixed or not and how much it cost to fix. Compare costs with your contract to make sure that you are paying for the right things. This will be helpful if there are costly expenses being charged to your account and help you keep your story straight in court.
  • Be open to negotiation and offer solutions. Sometimes things happen and life gets in the way. Try to offer alternative solutions to the landlord and see if they are willing to work with you. This will show the landlord that you are trying and that you are willing to work with them.
  • Find another place to live. If you have tried the steps above and all else fails, you may just have to look for another place to live. Sometimes people don't get along with other people and that's okay. That place wasn't meant for you and you will find something better.

We hope this helped you understand the eviction process and hopefully it will help you avoid this situation the future. We hope that you are able to work everything out with your landlord and that everything gets sorted out between both parties. Good luck!