How to Resolve an Eviction Before Court
If you have received a warning notice from your landlord due to some violation that you have committed, you will have to make a move quickly in order to keep the matter from going to court. There is a good chance that your landlord is not too keen on taking the matter to court either, but is being compelled to use that option because of the lease violation that you have committed.
If you want to avoid a court proceeding, it is best to resolve the matter with the landlord. Convince him of your commitment to stick to the lease agreement and do whatever you can to resolve his complaints.
Instructions
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1
If you become aware of your landlord’s plan to initiate the eviction process, instantly respond to it by resolving whatever issue it is that has resulted in your landlord wanting you out of the residence. If you got a warning notice from the landlord, which he is legally bound to send you before initiating the eviction process, work on fixing the violations. If you got the notice because of damaging the property, get if fixed. If you got the notice because of not making full payment of rent to your landlord in time, make the payment as soon as possible or communicate to him why you have not be able to pay up yet. Remember, evicting a tenant is the least desirable option for a landlord, since he will have to go through the trouble of finding another tenant.
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If you feel that your landlord is initiating the eviction process due to an unfair reason, you can file for reasonable accommodations claims. The laws in the US protect the tenant from being evicted unfairly by the landlord if the lease violation that is being used by the landlord is something that has resulted from the tenant’s disability. An example of this is noise, which the tenant cannot avoid if he is suffering from illness, or causing damage to floor because of being on a wheel-chair.
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It is strongly advised to have your landlord sign an agreement on which it is clearly stated that he will not initiate an eviction process against you. There are obviously going to be terms and conditions to this agreement, which both of you will have to stick to. Signing such an agreement will protect you from sudden and unjustified eviction.
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Demonstrate to your landlord just what a valuable tenant you are by cleaning up the property thoroughly, taking pictures of it and sending a copy of them to him. Make him aware of your determination to keep the property in great shape. Also exchange letters with your landlord. Keep a copy of the photographs and letters that you send to him safe with you so that you can produce them in court in case the matter of eviction reaches the court.
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If the eviction process has been initiated by the landlord, get yourself a reputed lawyer, one who has plenty of experience in lease and eviction cases.
