How Inadequate Documentation Might Bring A Halt To Your Eviction
When you are being evicted by a landlord who has never evicted a tenant before, they may make several mistakes that could end up violating your rights. If you act quickly, an eviction lawyer may be able to reverse your eviction and allow you to stay in your home for a little longer.
To evict you, the landlord will need to gather evidence to prove that you violated the terms of the rental agreement. For example, if your landlord verbally stated that you cannot own a dog and you choose to own a dog anyway, the landlord might begin the process of evicting you.
However, many newer landlords do not keep adequate records and might have forgotten to include a pet policy in the lease agreement so that dogs are not allowed. You could argue that you were not informed that a dog is not allowed in the apartment. When owning a dog in a dog-free apartment, the landlord cannot enter your apartment and remove the dog themself. They must follow the procedure as outlined by state law.
Not Following the Proper Procedure
Another issue a new landlord might make is to require that you vacate an apartment so that renovations can be performed. However, this is not allowed unless the renovations cannot be performed unless you must leave the property to have the renovations performed.
There are many documents a landlord will need, such as evidence that you were provided advanced warning months in advance and that the landlord obtained all of the necessary permits. Without these documents, you may be able to stop your eviction.
Documents Your Landlord Will Need
The best way to find out which documents your landlord needs is to consult with an eviction lawyer. Generally, they will need a copy of the lease, documentation of notices sent by certified mail, copies of correspondence, photographic evidence of damage to the property, or records of complaints from other tenants.
The Court Hearing
You will want to attend the court hearing with your eviction lawyer who will represent you and make a case for why you shouldn't be evicted. Because an eviction lawyer better understands what is expected at a court hearing, the judge will often be more willing to work with an attorney.
If the landlord did not follow the proper procedures, they may need to begin the process again, and you may even be entitled to some compensation. For example, if you are evicted over renovations, you could possibly be entitled to one month worth of rent.
To learn more, contact an eviction lawyer near you.