When It Comes to Evictions Know your Law
Eviction Notices
First, if you can, figure out what kind of "eviction notice" it is.
If the paper is from the landlord himself, it is probably a notice he is required to give you before he can file a lawsuit. It might say, "Pay the rent or vacate in 3 days" or the like. If you fail to do either during the stated time, he may then file his eviction lawsuit in court.
If the paper is from the court, it is probably a summons notifying you that the landlord has filed an eviction lawsuit against you. You now have a chance to defend yourself in court - if you act quickly.
If the paper is from the sheriff's or marshal's office, it is probably an order to vacate that the landlord has obtained after suing you. The order will probably state a time by which you must vacate. And you'd better do it. If you don't, some deputies will come by and physically throw you out.
What to do depends on what kind of notice you received.
If the paper is a landlord's notice and you are able to comply with it (e.g., by paying the overdue rent), do it. If the paper is a summons, see a lawyer right away. Don't put it off, because the time limits for responding to a summons are very short - as little as 3 days, and your lawyer might need some of those 3 days to prepare papers for you. If the paper is an order to vacate from the sheriff's or marshal's office, you should probably move your family and your belongings as soon as you can. If you leave anything behind, it might cost you storage fees to get it back. (If you didn't receive a summons before you received the order to vacate, then you should see a lawyer right away, because a lawyer might be able to have the order to vacate set aside on the ground that you never had a chance to defend yourself in court.)
Defending Against Eviction Lawsuits
Landlords must strictly comply with all technical requirements
Because landlords are given special privileges in eviction lawsuits - e.g., they "move to the head of the line", getting to trial before other cases filed earlier - they must "strictly comply" with all notice and other requirements. "Substantial" compliance usually is not good enough. So if your attorney can find defects in how notices were written or how they were served, you might defeat the landlord's case.
Legal doctrines that prevent the landlord from evicting
There are some legal doctrines that prevent the landlord from evicting (even if the tenant has not paid the rent). If the landlord has violated the "implied warranty of habitability" by failing to make required repairs (see "Maintenance & Repairs"), this might be a good defense to the eviction lawsuit. If the landlord's reason for suing you is in fact to punish you for exercising some legal right, you might have a good defense of "retaliatory eviction" (See "Discrimination & Retaliation"). If you live in a community that has a rent control law, the landlord might have to prove "good cause" to evict you. If the landlord gave you a 30-day notice terminating your month-to-month tenancy but later accepted rent covering a period beyond that 30 days, he might have "waived" the right to evict on that notice.
"Relief from forfeiture"
Even if you lose the lawsuit, the judge might give you "relief from forfeiture" of your lease - if you pay what you owe.
Should I represent myself, or get a lawyer?
You may represent yourself in court and present these defenses, but that is not a good idea. People who represent themselves (particularly in such a complex area of law) usually lose. Non-lawyers are often confused by court procedures (especially by technical rules - like "hearsay" - about what evidence is admissible), and many judges have little patience with this. The landlord's lawyer won't give you any help, and might even take advantage of you.
Even if you are able to present your case clearly and properly, judges often think, "No lawyer? Either this person is a deadbeat who can't even afford to hire a lawyer or his case is so bad that no lawyer would take it." This is why even a lawyer needs a lawyer. A wise old lawyer once said, "A lawyer who represents himself has a fool for a client." If you can possibly do so, get a lawyer. (If your lease or rental agreement has language requiring the losing party in any lawsuit to pay the winner's attorney's fees, you might be able to get your lawyer's fees back from the landlord if you win.)
Land Lord Threats
If a tenant does not pay the rent, in most states you are not allowed to lock her out. Generally, a landlord is not allowed to use "self help" to evict a tenant. You may not lock out, throw out, cut off utilities (power & water), or take the law into your own hands in any way. You must use the judicial process: you must sue the tenant in court, giving her notice (a "summons") of the lawsuit and a chance to defend herself. If you win and obtain a "judgment," and the tenant still won't get out, you may then have the sheriff or marshal physically throw the tenant out.
Make sure that your apartment managers understand this. If one of them uses self help, you are likely to be sued by the tenant.
Losing An Eviction Lawsuit
The judge will sign a "writ" ordering the sheriff or marshal to physically throw you out if you don't leave within a certain period of time (usually pretty short, about 5 days). Your tenant lawyer might be able to persuade the judge to give you a "stay" - extending this period for a week or so, to give you more time to find another place.
In addition to kicking you out, the landlord might also obtain a judgment against you for money damages. This might cover unpaid rent, damage to the premises, his lawyer's fees, and his court costs (filing fees and the like). If you don't pay, he might try to collect it by garnishing your wages or putting a lien on your car or home.
None of these things is very pleasant. You don't want to lose an eviction lawsuit. If you need more assistance, contact a tenant lawyer in your area.
Moving
Even if you don't want to move, if your landlord insists upon it you will probably have to. A lease is a contract, and both sides are bound by it. If you agreed to a one-year lease, neither party is required to renew it when the year runs out.
But if the landlord refuses to renew because he doesn't like your race (or the race of your visitors, etc.) or to punish you for your exercise of some legal rights, any attempt to evict you at the end of the year might be illegal. See "Retaliatory eviction".
If you live in a community that has a rent control law, the landlord might have to show "good cause" to evict you - even after a fixed-term lease expires. "Good cause" is usually non-payment of rent, wrecking the place, and the like - but expiration of a lease is not "good cause."
