So You’re Being Evicted? Tips for Tenants

Introduction

Most tenants who are facing eviction are being evicted as a consequence of nonpayment of rent. Others may face eviction for a variety of reasons, including violation of lease terms, creation of a health or safety hazard, or even a personality dispute with a landlord.
While landlord-tenant law, and the laws governing the eviction process, can change substantially between jurisdictions, there are some generalities which apply for most jurisdictions. If you are facing eviction you should check with a lawyer or tenant’s union in your area, so you can learn the specific laws which apply to your situation.
The following information is of a general nature, and may not apply where you reside

Nonpayment of Rent

In most jurisdictions, there is an expedited process for evicting a tenant for nonpayment of rent. Typically, the tenant is served with a legal notice requiring that rent be paid by a specific date (e.g., within seven days of service), after which time the landlord can commence an eviction action. Many times, a landlord will agree to accept a partial payment during this time, with the promise that any remaining rent arrears will soon be paid in full.
If the landlord accepts partial payment (no matter how small) prior to obtaining a judgment on a nonpayment action, upon learning of the acceptance of the payment most jurisdictions will dismiss any eviction proceeding premised on nonpayment of rent. The landlord must then start the process over, in relation to any additional rents owed.
Typically, even after judgment the tenant has a period of time during which the rent arrears can be paid, so as to avoid eviction. Read the rest of this entry »