In case you are reading this because you are worried about possible evictions or if your landlord wants to evict you just don’t panic! In fact, there is a lot that you can do to prevent, slow down, or completely stop this from happening.
All you need is the right resource, material, as well as a bit of help on the side. Your landlord cannot just turn up at your door and ask you to leave the property in the middle of the night. This will not happen. Some rules and regulations have to be followed. Keep on reading to understand what you can do about it as elabored by the professional law firm from scura.com.
Most Common Reasons Why Evictions Happen
Each case and scenario is unique in its own way, which means that you might not have the same reason for why this is happening. Here are the most common ones:
- Eviction because of rent – If you have rent arrears because you’re waiting on a decision about your benefit claim you should let your landlord know what’s happening. Be upfront and honest with them from the get-go to avoid any issues down the line.
- Eviction due to antisocial behavior – Your landlord may want to evict you because they believe that you or someone living with you or visiting you might be acting inappropriately.
- You may be neglecting or damaging the property – Your behavior might be irresponsible and damaging to his furniture or the real estate itself. This can also happen if you drink, smoke, play loud music, or even have a pet (but they warned you in advance about this behavior).
- They don’t think that you’re living there – If you have been away from home but still want to come back to live there, you should explain this to your landlord. Everyone is allowed a holiday.
4 Ways You Can Stop an Eviction From Happening
1. Comply With Landlord’s Notice To Stop The Eviction
First and foremost, an eviction can be stopped by complying with the notice. With this step, you will prevent it from going any further. Sure, it may look counterproductive or as you’re losing the case, but it is your best option. Complying with a notice is the one guaranteed method to stop the eviction.
In this case, you as a tenant might have to pay the notice in 1-5 days (depending on the paperwork and previously made arrangement). In case you can’t meet the requirements you will have to go through the process of eviction, which in most cases takes 30 days to do. This time period will vary from one country to the other.
2. Stop Eviction Notice And Look At The Claims
There are indirect ways that can help you do this and to ”beat around the bush”, but nothing solid or bulletproof will do the job. One way to do this is through a public authority or agency. You could be filing a complaint with the local housing authority. In this case, you could stop the eviction.
If your case is seen as wrongful eviction and it has any justified reasons to be pronounced faulty, the housing authorities sometimes step in on behalf of the tenant and send the landlord a letter regarding the wrongful eviction. Your landlord will probably try to avoid any illegal claims, which is when they will stop the process. However, if they know that they have a strong case and reasonable doubts, there’s not a lot that you can do.
3. The Unlawful Detainer Eviction
Your landlord will file a UD lawsuit that is also known as a complaint with the court. In case you do find yourself in this situation, you should know that your landlord could dismiss a UD if you end up paying all of your past-due rents (along with your legal fees) or if you move out before trial. This is a costly solution, but better to act quickly than to get evicted.
Also, you should know that if you miss the final payment date your landlord can refuse rent in full and can make the process a bit more complex for you. In case the filed complaint is illegal in any way (or defective), you as a tenant can challenge the eviction at trial, which can go on for several weeks. In this case, you are buying time. There is a big risk with proceeding to trial for either side. However, this is why and where a good lawyer or legal team could help with your case.
4. The Settlement Agreement
At any time, the landlord and tenant can come to an agreement and stop the eviction if they find a mutual agreement and a solution that can benefit both parties. This can happen at any point, before, during, or after the trial. Landlords don’t want to go through the hassle and expense of evicting tenants (believe us), and they are often ready to make a fair settlement.
This is when you might have the best chance of getting an awesome deal. A settlement most certainly will stop an eviction. You could also stop the eviction process through bankruptcy claims and policy.
It’s Possible to Stop An Eviction With The Right Knowledge
It’s definitely not fun thinking about getting evicted. But life happens and things sometimes end up getting out of control. But there’s no need to despair. With the information covered above you will have a fighting chance to remain within your home without having to worry about getting kicked out.
As with all legal issues it is always best to seek the professional counsel of a licensed attorney to help you in your legal matters. It’s good to know the above information but also consider hiring a lawyer because you don’t want to be left out in the cold.
