How To Respond To An Eviction For Non-Payment Of Rent

If you are being evicted from your apartment, you might assume that you will be removed from your home immediately and you won't have time to get the money together to stop the eviction. However, there are many ways in which you can slow down the process of getting an eviction so that you can possibly take the necessary corrective action. 

Respond By Each Deadline 

If you are facing an eviction, you will want to understand the deadlines that are involved. For example, you will need to know how much time you have to respond to your eviction in court. Responding to an eviction can slow down the eviction process because the courts will then need to follow a legal process that tasks time.

You won't have to worry about your landlord physically removing you because an eviction needs to be carried out by a third party in most cases. Therefore, the landlord will need to wait for a sheriff or a third-party service to evict you from your apartment. 

Discuss the Eviction Procedure With an Attorney 

Each state has a specific procedure that the landlord is expected to follow. If you are able to prove that they didn't follow the procedure, you might be able to use this as a justification to slow down or stop your eviction. For example, some states require that the landlord provide you with more than a week to come up with rent before you are evicted. However, the amount of time you have to pay can vary from state to state. 

Decide Whether to File Motions

If you are not served your papers properly, you have the option to file a motion to quash. If you are able to successfully file this motion, your landlord will need to file the paperwork again.

When you are not able to quash the lawsuit, you will need to speak with your eviction lawyer about how you can file a motion to dismiss. When the facts of the case are not on the side of your landlord, you will be allowed to file a motion to have the case dismissed. To find a legal defect, you must consult with a lawyer who is licensed to practice law in your state.

Always File an Answer

If you will be going to trial, the most important part of your case is the answer. You must answer the claim made against you because you will not be able to raise a point unless it is included in the original answer. You will also be more likely to win your case based on how well-crafted the answer is.

Contact an eviction lawyer to find out more. 

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