Featured News 2013 Defenses for Eviction

Defenses for Eviction

If you are facing eviction, you may be able to argue the notice. You will want to consult closely with a local real estate lawyer if you have been served an eviction notice and will want to analyze your situation to see if you have a legitimate defense and could appeal the notice. A convincing and knowledgeable attorney may be able to develop a legitimate claim for you.

One of the most common defenses for an eviction is the failure of the landlord to maintain the premises. If you decide to use this defense and are a tenant you will need to provide written notice to your landlord that there is a defect in the property. You will then want to give the landlord a reasonable amount of time to complete the repairs.

If the landlord is not responsive, then the tenant may hire and pay for a professional to make the repairs and deduct the cost of the repairs from rent that was paid to the landlord. There are times that a landlord may believe that he or she was never paid for the month when this is actually the case. In some states, there are laws restricting the repair-and-deduct expenses from exceeding one month's rent, so you will want to check on the laws in your state before using this defense.

Also, you can defend against an eviction if your landlord accepted partial rent from you knowing that you were in noncompliance with the lease agreement. For example, if you explained to your landlord that you could only pay half the rent on time, and would need to pay the other half in the future, and the landlord gave you permission to enact this plan, then he or she cannot evict you after that agreement during the partial rent month. The landlord may have a tenant sign a paper indicating that the partial acceptance waives any rights that the tenant may have to claim partial payment. These waivers are normally valid, but check with the real estate code for you state to ensure that it will be upheld in court if you sign one.

The 1968 Fair Housing Act also provides provisions for tenants and prohibits discrimination in housing. This means that if you were evicted based on your color, race, religion, familial status, sexual orientation, disability, or gender then you can cite the Fair Housing Act as a defense against eviction. The Act covers discrimination in all types of real estate transactions including rental units. If you are a pregnant woman anticipating a baby, you cannot be evicted because the baby could be a possible noise nuisance.

Also, individuals can defend themselves from an eviction by arguing improper notice. Each state has its own requirements regarding notice of eviction and mandates the methods in which a tenant should receive this notice. If your landlord serves you eviction in an incorrect way, then you may be able to use this error to your advantage. Typically, a landlord must provide sufficient notice prior to filing a court action and needs to deliver the eviction notice to the tenant using methods outlined in the state code. If the court agrees that your case was not fair then you may be able to avoid complying with the eviction notice.

Tenants can also use the defense of retaliatory eviction. This is an eviction when a landlord takes action against the tenant for acting as a tenant activist in some way. For example, if the landlord tries to evict a tenant because he or she informed the government that the landlord was violating code then the eviction notice can be challenged. Also, if a landlord evicts a tenant after the tenant asks the landlord to make repairs or maintain the rental property then this can be a case of retaliatory edition.

Individuals can also argue that an eviction notice was constructive. This happens when the residential rental property is in an uninhabitable condition because of repairs so the landlord decides to evict tenants. Sometimes, the eviction isn't even direct. Tenants assume that they have to leave the property because it is no longer livable due to the projects taking place on the property. In this instance, a tenant has the right to leave the rental property without paying rent for the time that the home was uninhabitable. If you want more information about eviction defenses or if you need representation in challenging an eviction locate a real estate lawyer on this website today!

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