Can i fight an eviction notice

If they make a mistake with the documentation, they must go back and restart the current step. This can all take a lot of time. Some evictions can drag for up to half an year, until the tenant is finally out of the property. You can buy more time to react and make appropriate decisions. It may be possible to half or prevent an eviction altogether.

First, examine the reasons for which your landlord wants you to move out. They must be listed on the section 21 notice, along with the desired move out date. Often landlords serve a notice to quit just to snap their tenants out. By using a notice to quit, landlords can enforce a degree of discipline in how the property is used. You lose nothing by trying to communicate a resolution with the property owner, anyway. Alternatively, if communication has failed, look for errors made by the landlord.

These are the common mistakes landlords make when serving you notice. Be on the lookout for them. If any of these is missing or is incorrectly listed, the landlord must restart.

They have to serve a new notice with a new end date. If the landlord tries to evict you within the interval of your fixed term, the must serve you a section 8 notice.

Then they will directly apply to the court, seeking possession of the property. By law, the owner must give compelling reasons for your eviction before the court.

Some grounds, if backed by evidence, are irrefutable. They will imminently lead to the landlord receiving a possession order. For example, rent arrears of upwards of two months will result in definite eviction. Others must persuade the judge, who will discretionary grant or deny the possession order. You have to supply your own evidence and statements. Even if the landlord has obtained a possession order by the court, you will have a chance to fight it.

Once you have agreed to a date, make sure you go to court and then tell the judge what your agreement is. The the landlord can ask the police to enforce the writ 48 hours later. It will be too late to change your mind after the judge has approved the agreement, so make sure you understand what you are agreeing to. If you come to an agreement before the court date then you can use this Agreed Judgment form to protect your rights, and to let the judge know about your agreement.

This is an interactive form; you can fill it out online, then print. Or print and then fill out by hand. Go here if you need help with downloading the form.

Fill out the form and file it with the Court, or bring it with you to your court hearing. Write the move out date you have agreed to on the last line of this form.

It is not a good idea to have just an oral agreement with the landlord and skip the court hearing. You need to be in court to protect your rights and to make sure that the written agreement is given to the judge. You have tried to work things out with your landlord but they are going forward with the eviction case. The Summons tells you the court date and time.

You want to fight the eviction and stay in your rental. Usually the notice of a court date gives you only a short time to prepare as little as 7 days. If you can find a lawyer quickly enough, provide this information to your lawyer as soon as possible:.

If you cannot find a lawyer to represent you at the eviction hearing Pine Tree Legal Assistance has written forms to help you fight your eviction. If you can't view the forms or you're having trouble with them, read our instructions on using interactive forms. If the Summons on the lower left hand side lists the name of an attorney, send copies of everything to the attorney instead of the landlord. The clerk's name and address is on the Summons, which was served on you.

Try to get this to the court at least one day in advance. You may not be allowed to get a copy or transcript of the hearing recording, if you need it later for an appeal, unless your request for sound recording was made at least 24 hours before the hearing.

If the judge decides that either party has not mediated "in good faith," they can send you back to mediation, dismiss the case, order the eviction, award payment of attorneys' fees, or impose other penalties.

If you and the landlord do not settle the case, then the judge will hold a hearing. Ask for the hearing to be recorded. You may not get this if you didn't put in your written request at least 24 hours ahead.

All witnesses will be sworn in. The judge will ask the landlord to give their side of the story first. After the landlord presents their case, you will be given a chance to ask the landlord questions. You may want to ask follow-up questions to clarify his earlier statements, or to bring out information the landlord has not talked about. He may also present other witnesses. You may ask them questions, too, after they have finished telling their stories.

This is not the time when you testify, or tell your side of the story. You will have a chance to tell the judge your side of the story once the landlord is done presenting their case.

When it is your turn to testify, tell the judge your story as clearly and simply as you can. Think about the reasons you raised in your written answer about why you shouldn't be evicted. If any of these defenses apply to your case, be sure to point them out to the judge.

Read more about defenses to eviction. If you have a hearing and the Court orders the eviction, you will have at least seven days to move. In some cases, you may have good reasons to appeal the decision to Superior Court. For more details on "writ of possession" and appeal, read these section of Rights of Maine Renters: Eviction.

Appealing the decision without an attorney can be difficult. All PTLA offices are closed to the public - but we are still open for phone hours! Guide to Legal Help. Important Resources to Prevent Eviction Getting evicted? Worried you might be soon? But the tenant should be aware of some special considerations:.

Keep in mind that "filing" means actually completing your papers and submitting them to the court clerk. It does not mean simply getting to the courthouse before the deadline! So leave yourself plenty of time. Different justice courts close at different times, so contact the justice court where you will be filing for the hours of operation.

If the notice tells the tenant to take some action in ten days or less as nearly all eviction notices will , only judicial days are counted. JCRCP 6 a. In other words, the tenant and the court will not count the day of service, w eekends, or l egal holidays. But if the notice tells the tenant to take action in eleven days or more for example, a Thirty-Day "No Cause" Notice to Quit , straight calendar days are counted.

That is, the tenant and the court will not count the day of service, but will count all other days, including weekends and legal holidays. Monday — the day of service is not counted. Tuesday — is counted as day 1. Wednesday — is counted as day 2. Thursday — is counted as day 3. Friday — is counted as day 4.

Saturday — weekend days are not counted. Sunday — weekend days are not counted. Next Monday — is counted as day 5. Next Tuesday - is counted as day 6. Next Wednesday - is counted as day 7. If the tenant received a Five-Day Notice to Quit for Unlawful Detainer, the tenant would have until the clerks' office closes on the next Monday to file.

When the tenant receives an eviction notice or notices or an eviction notice followed by a complaint , the tenant's options are generally to:. Click here and select the "Clark Tenant's Answer to Summary Eviction" interview for an automated forms interview that will fill out the form after you answer a series of questions.

At the end of the interview, you will have to print your form, sign it, and file it. If you prefer to fill out the form by hand, the form is also available, free of charge, at the Civil Law Self-Help Center, or you can link to the form by clicking underneath the form's title below:. If you are filing in Las Vegas, skip this step. A cover sheet is available for free at the Self-Help Center, or you can download it on your computer by clicking one of the formats underneath the form's title below:.

File all eviction notices served on the tenant. The tenant can apply to waive the filing fee by submitting an Application to Proceed in Forma Pauperis also called a "fee waiver application".

You can also download the form on your computer by clicking one of the listed formats underneath the form's title below:.

If the landlord is using the "formal" eviction process, the tenant might be served with a Complaint for Unlawful Detainer and possibly an Order to Show Cause or a Notice of Trial Setting that already schedules an eviction hearing.