How to Stop the Eviction Process

Being faced with eviction is stressful, but you can fight it.

One of our basic human rights is shelter, protection and safety. Having that right threatened by eviction is frightening, especially if you don't have the financial resources to pay for a lawyer or late charges. If you're being faced with an eviction, take heart. You can fight eviction, even if the grounds for it are legitimate. You don't need a lawyer, though in some cases it might be better to have legal representation, and you may not even need to go to court.

Instructions

1. Examine the reasons for which your landlord is trying to evict you. Tenant rights vary by state. Visit hud.gov or click on the link in the resources section below to check on your state's tenants' rights. Unacceptable grounds for eviction include: tenant complained about the property, ending the lease without proper notice, and tenant withheld part of the rent because of unaddressed repairs. Valid reasons include: failure to pay rent, damage to the property and police being called out to the property in response to a complaint.

2. Speak with your landlord to work out a solution to the eviction. Take someone with you to act as a witness. If you can come to a solution and your landlord recants the eviction, get it in writing with his signature and date it.

3. Take your landlord to court if his reasons for eviciton are groundless. Present documentation, proof and photographs to support your claim. You can represent yourself in court, but consider a lawyer if your case is complicated.

4. Discuss payment arrangements with your landlord if you've fallen behind on your rent. Visit your local Department of Social Services for help in paying what you owe if you don't have the money to catch up your rent. Take personal information with you such as a copy of your eviction notice, your driver's license or photo I.D., birth certificate, Social Security card, proof of address, landlord's name and telephone number, income for the past month and rent bank statements.
   DSS, in cooperation with HUD, can make a one-time payment to help you if your financial circumstances meet necessary criteria. Once approved, you cannot get help again for 12 months.

Tips & Warnings

• Always stay in touch with your landlord. Never ignore a problem.

• Maintain a good relationship with your landlord.

• Keep your home clean and free of damage or clutter.

References

• HUD: Tenant Rights
• Disability Law Center: Respresenting Yourself in an Eviction Case