A notice of eviction is often no surprise for tenants. Usually eviction occurs when a tenant fails to pay rent or breaks their lease in some way. Landlords have legal requirements they must follow to start the eviction process, however tenants also have rights.
Legal action against eviction notices
Tenants can bring a counter-claim action against a landlord in response to an eviction notice. These counter-claims can only be made if the tenant feels the eviction action is happening in retaliation for the tenant reporting the landlord to authorities for housing violations. This process can end up in a trial situation, where the court will determine the final decision. Tenants should note that trials will appear on a rental history report in the background history sought by future potential landlords, which could negatively affect their chances of being approved for future rental units.
Filing bankruptcy may halt an eviction
Tenants who file bankruptcy can temporarily, and maybe even completely, halt the eviction process. The court will halt eviction proceedings until the bankruptcy case is resolved. Once the bankruptcy is filed, however, a tenant is again legally responsible for all new rent payments, and inability to pay could result in eviction. Tenants need to be aware that credit reports show history of bankruptcy, which can put them in a negative light when applying for future rental homes.
Get legal counsel to fight an eviction
Many other situations may happen where a tenant can fight against being evicted. Contacting a local attorney and providing this counsel with documentation of all actions and steps leading up to the eviction notification can give a tenant an idea of what action to take.
Tenants should note, landlords can add an eviction record in the tenant’s rental history report at any step in the process, making it difficult for the tenant to be accepted as a rental candidate in the future. This can happen even if the eviction does not go through. In most states, eviction records remain on a tenant’s background report for seven years, even if the eviction didn’t happen. Tenants should monitor their rental history reports carefully to make certain these reports are accurate. View your rental history report today.
