How to Delay an Eviction in Court
If you have lost your job or are just hitting a hard spot in your life, there can be some very stressful situations you will be forced to deal with. If you are in danger of losing your living space due to a pending eviction, there are ways you can fight the eviction and provide yourself some amount of time to recover before you are forced out onto the street. Physical evidence of reasons you do not deserve to be evicted will be your best defense in court.
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Things You'll Need
- Answer to lawsuit
- Eviction notice
- Payment receipts
- Copies of 'Request for Maintenance' forms
- Written request of a Stay of Eviction
- Lawyer
Instructions
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Respond to the landlord's eviction notice with your written answer to the court. Explain in your answer your reasoning regarding why the eviction was wrongly issued and use plenty of examples to support your case.
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Request copies of any maintenance request forms you submitted to the landlord during your tenancy. Take these forms to court to prove the landlord's unwillingness or inability to maintain basic maintenance of the premises. Inform the court if the landlord refused to provide you with this documentation.
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Bring a copy of the eviction to the court if you are trying to prove the landlord is attempting to charge you more than you actually owe. Attach copies of your payment receipts as evidence. Request these from the landlord if you have lost your copies.
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4
File a request for a stay of eviction to the court. Provide your reason for needing to stay to delay the eviction process. Consult an attorney to help you clearly communicate why you need an extension to stay in the rental space.
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Tips & Warnings
You must file your answer within five days of receiving the notice, or you will lose your case by default.
Always keep copies of receipts as evidence of payment. Request them if they are not readily provided at the time of payment.
There are no forms for a Stay of Eviction Request, so it is in your best interest to consult an attorney before writing one.
References
- Mass Legal Help: Challenging a Court-Ordered Eviction; Faye B. Rachlin; 2008
- California Courts: How Can the Tenant Stop or Delay the Eviction?; Judicial Council of California; 2011
- Ohio Landlord-Tenant Law: Common Eviction Questions and Answers; Andrew Ruzicho and Eric Willison; 2010
- California Department of Consumer Affairs: The Eviction Process; State of California; 2011
- Photo Credit Jupiterimages/Photos.com/Getty Images
