How to Defend Yourself Against Eviction

With the Supreme Court overturning the eviction moratorium in the United States and Congress effectively doing nothing to fight it, you might be wondering what your options are and what you can do to keep a roof over your head. This is not intended as legal advice.

Housing prices are on the rise in a seller’s market and apartments are hard to come by as more generations reject buying in favor of renting

Notice Must Be Given

State laws around renting can vary, but most are actually in favor of the tenant so know your state laws. Take the time to read them for yourself and find what can help you. Most state laws require formal notice to be given and eviction is usually the last step.

Ask yourself a few questions and look to the available laws online through a simple search.

1. Were you given a reasonable amount of time to vacate?
2. Did you correct the problems leading to eviction?
3. Were you given the amount due and a fair due date to pay?
4. Was the eviction properly posted, served, and placed in writing?

Landlords Can Inadvertently Damage Their Case

If your landlord took a partial payment, agreed to a lower payment in exchange for services or repairs, or accepted payments on a different schedule from your rental agreement these can all potentially be used to stave off your eviction when pursued legally.

Did your landlord fail to upkeep the property and do you have proof? Did you notify of maintenance needs that were reasonable such as door locks, electrical issues, water leaks, or HVAC issues and they ignored your pleas? You might be able to use this to adjust your rental amount or negotiate a break from your lease without penalties, even if you cannot keep your dwelling.

If your landlord removed your property or kept you away from your rental, this might also be useful in defending against eviction. Also, if your landlord left the property in such disrepair that it was unsafe to live there, you might have a reasonable case against eviction.

There are several affordable online legal options like Rocket Lawyer or Legal Shield that will agree to represent you or review your case for budget-friendly fees.

Review Your Lease

Hopefully, you read your lease before you signed it. You also, theoretically, did a walk-through and confirmed the state of the property before you agreed to rent. Know your lease well and it can sometimes lead to successful stays against eviction, especially if the landlord violated the terms.

Your lease and applicable tenant laws are critical in defending yourself from eviction. Read through your lease and prepare a defense against eviction by placing, in writing, your grievances with the leasing agent. Collect all of your correspondence, maintenance requests, and written documentation before you contact legal aid.

Some areas have pro-bono legal defense agencies that can help you. In the wake of Covid-19 and the overturning, there may be more services that will provide you this aid for free.

Ask For Help

Often, local religious groups and volunteer groups, as well as non-profit agencies and activists, can sometimes crowdsource housing, funds, and other needs. If you can’t come up with rent money on your own, you have options for help.

Social media or media may also be of service. Look into crowdfunding sources and you might find more are willing to help than you realize. If you are brave enough or have a compelling story, you can reach out to local media who might be able to get your story out to hundreds or thousands of people who are willing to lend a hand, find you affordable housing or pay for your rent.