Fact Checked

How do I Stop a Home Eviction?

Felicia Dye
Felicia Dye

The first step you should take to stop a home eviction is to correct the violating behavior which is motivating a property owner to want to have you removed. If you feel that you have grounds to dispute the action, make this clear or have an attorney do so. The property owner or management company may then proceed to take you to court. If this happens, it is important to show up and present your arguments to stop the eviction. If the landlord resorts to illegal eviction efforts, you can stop them by calling the police.

The desire to remove tenants is generally based on some type of alleged breach of contract. In many jurisdictions, a property owner or management company is required to notify tenants of an intended home eviction. They are required to specify the reasons for seeking eviction and to make a demand for some kind of action, such as paying back rent that is owed; if the tenants cooperate within a certain period of time, they can avoid home eviction. If you have received this type of correspondence and you know that you are at fault, correct the situation during the specified time and the home eviction should be avoided.

A notice of eviction posted on a door.
A notice of eviction posted on a door.

A home eviction process can be long, complex, and costly. Many property owners would prefer to avoid it if possible. If you receive documentation which states that eviction proceedings will be initiated against you, you may be able to avoid them by letting the property owner know that you will not be forced out of your residence easily. You also can outline grounds that you will use to dispute the action if you are taken to court.

Communicating with the property owner to this effect may be much more effective if you do so through a lawyer. Often lawyers can engage property owners or management companies in a manner that will cause them to reconsider their actions. Even if the lawyer is unable to do this, you will have a legal representative so you can be better prepared to go to court. If you do not have legal representation, make sure you spend adequate time preparing your defense.

Many people falsely assume that eviction cases are easily won by property owners, but this is often not true. In many instances, they will commit procedural errors that once outlined in court will prevent them from evicting the desired tenants. There are also occasions where judges will find that although a tenant has erred, she should not be evicted.

There is generally a legal procedure that outlines exactly how an eviction process should be executed. In many jurisdictions no one has the authority to evict a person for any reason without a court order. If there are rogue attempts to remove you from the premise or to deny you entrance, recognize that this is likely to be an illegal eviction. To stop this from occurring you should call the police.

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    • A notice of eviction posted on a door.
      By: bagraphix
      A notice of eviction posted on a door.