The relationship between a tenant and a landlord can be very fickle. So much so that a hardened relationship among the two can lead to receiving an eviction notice at your front door.
If you’ve received an eviction from your landlord, then you probably have a lot of different questions.
Can you stop the eviction process? Can an eviction be reversed? How can you stop an eviction before it’s too late?
During this time it’s important to know your rights.
Be sure to read below for many different questions you might ask yourself and how you can fight the eviction you’ve received.
What Is an Eviction?
Almost everyone that rents a property has heard the term “eviction” before. But, until it happens to you, you don’t have much interest in learning much about what it truly means.
An eviction notice is a letter that a landlord will send to their tenant detailing the termination of the lease. It also outlines what terms were violated that lead to the termination.
These reasons might be something along the lines of not paying rent on time, going against a no-pets policy, illegal activity on the property, the list goes on and on.
The eviction notice also states how many days the tenant has to comply with the eviction or move themselves and their belongings from the property.
While it might be difficult, remember not to let your emotions get the best of you during this time. Upon initially receiving the eviction notice, give yourself an hour or two to calm down before reading it further.
It’s important that you read the entire eviction notice. If it doesn’t tell you why you’re being evicted, then you need to contact your landlord to find out their reasoning.
What Are the Different Types of Evictions?
There are three different types of evictions, one of which should be clearly stated on the eviction notice you receive.
These are known as an unconditional quit, pay or quit, and cure or quit eviction.
See below for a brief summary of all three so that you know what you’re going up against.
1. Unconditional Quit
An unconditional quite eviction is when there is absolutely zero ability to cure the situation that’s led to the eviction.
The landlord is dead-set on you vacating the premises permanently.
There are very few times that this eviction is legally allowed, but that won’t stop landlords from trying if they’re fed up with a specific tenant.
Generally speaking, however, a landlord will try to avoid an unconditional quit.
The only time it’s warranted is when the property has been significantly damaged or they have evidence of illegal activity that’s occurred on the property.
2. Pay or Quit
As the name would imply, pay or quit is issued when a tenant repeatedly fails to pay their rent on time.
Quite simply, it requires you to choose between paying the entirety of late payments that you’ve accrued or to vacate the premises.
Depending on your situation, your landlord might accept partial payments to eradicate the eviction.
But if you slip up on paying your rent once again, you will receive an eviction notice once again.
3. Cure or Quit
A cure or quit is when an eviction notice is sent due to the tenant violating any other terms of their lease that don’t have to do with rent.
For example, you might have repeatedly broken curfew rules at the complex in which the property is located or make excessive noise.
In this situation, you’re required to either “cure” (fix) the issue or vacate the premises. It will detail how long you have to fix the problem or move out.
Should You Seek Legal Assistance?
If you feel as if the eviction is unwarranted or unfair, then you might consider seeking the help of an attorney.
If so, then you’ll want to find one such as Niv Davidovich who excels at landlord-tenant disputes.
At the very least, you can ask the lawyer whether you have grounds for fighting the eviction you’ve received.
Even an unconditional quit can be disputed with the proper amount of evidence and defenses.
There are many defenses you might have such as proof that the landlord evicted you without a court order, which is illegal.
You might also have legal reasoning for why you weren’t able to pay rent, such as the landlord not making proper upgrades or fixes after you made them aware of it.
If they refused to do so, then it can be a defense for why you refused to pay your rent.
Can an Eviction Be Reversed?
Simply put… yes, an eviction can be reversed. But the probability of that happening depends on several different factors.
If the landlord has legitimate reasoning for evicting you, then all hope isn’t lost. They might be willing to work out a compromise for you to continue living there.
However, if the relationship has hardened, then it might take an attorney to get things sorted out. If you truly want to avoid eviction, then be sure to seek legal assistance for your situation.
Be Sure to Consider Your Situation
As previously mentioned, every case is different. Sometimes the landlord is in the wrong for evicting, sometimes the tenant is in the wrong.
Can an eviction be reversed? Do you even want to continue living in the same property and dealing with the same landlord? Be sure to ask as many questions as possible.
Make sure to browse our website for more articles on the tenant-landlord relationship, as well as many other helpful topics!