If a landlord believes you have violated a lease, they should give you a notice.The lease violation claim can be defended by documenting that you didn't violate the lease and trying to talk with your landlord.You will probably have to defend yourself from an eviction lawsuit if your landlord won't listen to you.
Step 1: Take the time to read your notice.
Depending on the jurisdiction, the landlord may be required to give you this notice before filing an eviction suit.It will show you what lease provision you have violated.The notice usually gives you a certain amount of time to fix the problem.The landlord will end your lease if you don't fix the problem by the deadline.To find out what term of the lease you are alleged to have violated, read the notice.Leases often require that you not have pets, not use grills outside or on the stairwell, and use common areas reasonably.If you didn't pay rent, you should get a notice.The rent must be paid before the deadline.
Step 2: You need to document that you haven't violated the lease.
You may have been accused of violating the lease by the landlord.If you live in an apartment building, someone else may have committed a lease violation.You can get letters or emails from your neighbors.Your landlord may accuse you of having a pet.It is possible to get neighbors to write that it is not you with the pet.Take photos.Take pictures or video if you are accused of damaging your apartment.If you have to defend yourself in court, these pictures will be helpful.
Step 3: You can write a letter to your landlord.
You need to gather proof that you haven't violated the lease and write a letter to your landlord.The landlord can call you with questions if you include your proof.The letter should be similar to a professional business letter.Your tone should be friendly but formal.You can write a letter to Mr. Smith.Yesterday, I received your notice to cure or quit.I have violated our lease agreement because I am keeping a pet, according to the notice.I don't have a pet.Tenants in the apartment next to me have a dog.Mrs. Tyler testified that my neighbors have the dog, not me.If you can show that you have communicated with your landlord via email, you may be able to send the letter via certified mail.
Step 4: You can follow up with a personal conversation.
When talking in person, you can gauge how someone is responding to what you say.You can resolve a dispute in person.Keeping your cool is the key to discussing an alleged violation.You should not mimic your landlord's behavior.Listen closely to what they have to say.Point out that you haven't violated the lease.You could say, "I didn't trash the common area last Friday because I was with a friend that evening."If you want to confirm that, I can give you her phone number.
Step 5: The dispute should be Mediate.
The landlord might not want to lose you if you have been a good tenant.If your landlord is willing to mediation, you can come to a resolution that works for both of you.The mediation helps guide you toward solutions that you can agree on.If you don't want to move, mediation is a good way to maintain the landlord-tenant relationship.You can contact your local bar association to find mediators.Ask for someone to refer you.
Step 6: If it's necessary, cure the problem.
You have no choice but to fix the problem.If you really did violate the lease and don't want to leave, your best option is to cure before the deadline.If you intend to stay in your apartment, let your landlord know as soon as possible that you have fixed the violation.
Step 7: You can read your landlord's complaint.
Your landlord cannot throw you out if you don't leave voluntarily.They have to file an unlawful detainer action in court.You will get a copy of the complaint and a summons to respond to the lawsuit.Make a note of this date.
Step 8: Any landlord self-help should be documented.
It is against the law for your landlord to try and evict you.They need to file a lawsuit and get a court order to evict you.If your landlord tries to evict you, you should document it.Your landlord can't change the locks.Throw your stuff on the sidewalk.Threats to remove you or your belongings.You should be ordered to leave.Go to your apartment and cut off the utilities.
Step 9: Your response should be drafted.
You can respond to the lawsuit with an answer.In the answer, you respond to each allegation made by your landlord.You can use the blank forms printed by your court.Go to court and ask.Many local legal aid organizations offer printed answer forms.
Step 10: You should raise your defenses.
Depending on the situation, there are several defenses you could raise.Before raising a defense, make sure you have evidence.Insufficient notice is a common defense.Some states will give you a certain amount of time to cure the disease.You can raise this as a defense if your landlord didn't follow the law.Self-help.If your landlord tried to evict you using self-help, then you should raise that as a defense.Retaliatory evictions.You can not be evicted because you complained about the conditions of your apartment building.If you complain about insufficient heat, your landlord can't try to evict you.There is housing discrimination.Race, color, sex, religion, national origin, disability, and family status are all protected characteristics under federal and state law.
Step 11: Provide a copy of your response to your landlord.
Make sure to give your landlord a copy of your answer before the court hearing.Before you file your answer, you should serve it.You can either ask someone who is not involved in the lawsuit to deliver your answer for you, or you can hire someone to do it.You can mail your answer in some courts.You can find acceptable methods of service by reading the court's rules of procedure.
Step 12: You can file a response with the court.
You should make several copies after you have finished your answer.Take all the copies and the original to the court clerk.The original should be asked to be filed.You can file a countersuit if you believe you have been discriminated against.You don't have to pay a fee to file your response.
Step 13: The hearing date should be noted.
The hearing date might have been stated in the petition.To show up for your hearing, make a note on your calendar.You have to attend the hearing.The court might take action against you if you miss it.
Step 14: Helped documents can be obtained by getting witnesses and witnesses.
You need to tell the judge why you shouldn't be evicted.It is important to identify witnesses who have helpful information.You should bring a copy of the notice if it is insufficient.The judge wants to see it.If the landlord used self-help, you should get a copy of the police report, as well as statements from witnesses who saw your landlord remove your things.You can testify on your behalf.You should get a copy of your complaint to the health and safety department and any report issued if you think your landlord is retaliating against you.If your landlord discriminated against you, you should get witnesses who observed it.
Step 15: Dress well.
You want to impress the judge.You should look your best for this reason.If you show up to court in messy clothes, you signal to the judge that you aren't trustworthy.Business casual clothes should be worn by men.This includes dress pants, a shirt, and a tie.Wear dark-colored socks and dress shoes.A nice sweater or blouse can be worn by women.Women can wear dresses that are conservative.It's important that clothing isn't revealing or tight.Men and women should not wear shorts, blue jeans, flipflops, hats, or T-shirts.If you don't have a lot of money, you can go to a thrift store and find good quality clothes.
Step 16: Listen to what your landlord has to say.
Your landlord will give their side of the story at the hearing.He or she is presenting evidence to the judge.Take notes.If you want to respond to something, write it down.Don't ask the judge to speak.You will speak.Stand and listen.Don't show emotion.No matter how inaccurate the testimony is, don't make noises or shake your head.
Step 17: Tell your side of the story.
You will be able to go second.You should explain in more detail why you shouldn't be evicted.There is an offer to show the judge documents.Tell the judge that your witness is with you to testify.The judge could ask you questions.If you don't know something, always answer honestly.
Step 18: Receive the decision from the judge.
The judge should issue a decision after hearing the evidence.You have a limited amount of time to leave the apartment if you lose.You may be able to appeal.If you want the judgment against you to be set aside, you can appeal to a higher court.Before you file your notice of appeal, you should speak with a lawyer.It might be in your interest to leave.