Tenants' Rights in Eviction Proceedings

Tenants have many rights during eviction proceedings.

Landlord and tenant disputes are handled in the state or county where the property is located. Tenants who are facing an eviction have many ways to protect their rights during the eviction process. Petitioning the courts for assistance is the first step in exercising those rights.

Eviction Notice

A legal eviction begins with an eviction or termination notice. Tenants have the right to receive notice that outlines the reasons behind the eviction, such as withholding rental payments or other violations of the rental agreement. The notice allows the tenant to take action within a specified amount of time.

Appeal Rights

Tenants have the right to answer a notice of eviction. The tenant's reply to the landlord's complaint is filed with the courts and a hearing is scheduled. During the hearing, the tenant explains to a judge why feels he should not be evicted. If the tenant does not contest the validity of the notice, he may request the judge grant him more time to vacate the premises.

Unlawful Removal

Tenants cannot be evicted or removed from the premises without a court order. Even during the eviction proceedings, tenants have the right to privacy while residing in the home. It is unlawful for a landlord to remove a tenant without the assistance of law enforcement and/or court order.

References

• Find Law: Illegal Evictions Can Get You in Trouble for Landlord Harassment