Before a renter is evicted from a property, the landlord must give the renter a notice. The notice must state the date in which the renter is being evicted and the reason for the eviction. A renter has the right to dispute the eviction within 10 days of being served the notice. The renter is entitled to a stay of execution, and has the right to try and negotiate a new agreement with the landlord.
Locked Out of Property
A renter has the right to be notified of an eviction. A renter may not be put out of her home unless she agrees to leave or unless a court has mandated the renter leave the premises. If the renter has not paid her rent, the landlord must still go through the courts to legally force the renter out of the rental property. If a landlord locks the renter out of her property without approval by the courts, the landlord is breaking the law.
Dispute an Eviction
A renter has the right to dispute an eviction. A landlord must have justifiable reasoning for evicting a renter. Justifiable reasons include the renter not paying his rent by the ninth day after the rent is due, when the lease agreement or rental contract has expired, when the renter commits a serious lease violation, or if the renter has broken the law by selling drugs or engaging in violent crimes or prostitution. If the landlord does not have a justifiable reason for evicting the renter, the renter may dispute the eviction with the courts.
Stay of Execution
A renter has the right to a stay of execution if she loses an eviction case with the courts. The stay of execution must be filed for within five days of the court ordering the eviction. Depending on the reason for the eviction, a court may order the landlord to allow the renter to stay--anywhere from a few days to months--after the eviction is granted. If the renter paid a deposit, the renter can ask the court to extend her stay until the funds from the deposit runs out. It is up to the courts and judge as to how long the stay of execution will be.
Settle an Eviction
The renter has the right to try and settle the eviction with the landlord. If the landlord has served the renter with a court notice and has an attorney, then the renter must deal directly with the landlord's attorney. The renter can dispute the eviction before or after his court date. If the renter makes an agreement with the landlord or the landlord's attorney, the renter should get this agreement in writing to serve as legal proof. If the court has already declared the renter evicted from the premises, the landlord or his attorney may make a new agreement (which must have the date on the agreement and the terms).
Removal of Property and Belongings
After a stay of execution has expired, and no further agreement between the landlord and renter has been reached, the fire marshal or landlord cannot place the renter's belongings on the street without notifying the renter. The renter has the right to be notified within 24 hours of the fire marshal or landlord removing the renter's belongings. Those renters who receive welfare assistance can contact the state and receive immediate shelter and assistance if this action occurs.
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