If you have been denied a tenancy due to a breach of the lease, there are ways you can defend yourself. You should keep records of rent payments and keep copies of any documents proving your case. You should also have witnesses present to support your story, and photos, letters, receipts, and any other evidence that will prove your point in court. These documents should be well-organized and accompanied by copies of your rent checks.
Your legal defense should be based solely on your legitimate defenses, and you should not make up a false defense. If you were not paying the rent, the landlord may not have good cause to evict you, and you aren’t responsible for repairing the damage. However, if you were not aware of these legal issues, you should hire a lawyer. You should never refuse a landlord the chance to fix any problems.
If you were evicted illegally, you may be able to recover triple damages, but you should keep records to prove these expenses. It is also worth noting that, if you are without a lawyer, you can sue your landlord in Small Claims Court, but the damages are relatively low. However, you should note that some cities have laws protecting tenants from evictions without due cause.
In order to file an action against a tenant for wrongful eviction, a landlord must serve the tenant with a complaint and summons. The summons informs the tenant that they are being sued. They have a right to respond in writing to the complaint, and they can deny or provide defenses. If they don’t respond to the summons, they will be granted a default judgment.
If the landlord does not comply with the notice requirements, they can call off the eviction. The landlord will most likely say that they are not able to do so, but it is always a good idea to file a “Motion for Reinstatement” with the court. In addition to filing the motion for reinstatement, landlords are required to store the tenant’s property for 3 days from the date the writ of restitution was served. If they fail to do so, the tenant can be sued for storage costs and hauling the property.
In addition to preventing evictions, the law also protects tenants who were retaliated against for exercising their rights. Eviction in this manner are unlawful and may result in a court order. The landlord should also pay for any legal fees and court costs incurred by the tenant. In some cases, a tenant is granted the right to stay in the rental if he or she has already paid the rent in full.
A tenant must bring all relevant evidence to the court. The landlord may not consider evidence that is not in court or does not have the necessary witnesses. In addition to bringing all necessary evidence to the court, the tenant should testify about important facts, including when the rent was paid and how often. The tenant should also show the magistrate all the proof that supports their point. And if the landlord’s testimony is false, the tenant should present facts that are true. It is advisable to retain a reliable landlord and tenant lawyer when negotiating with a landlord, as this will help you to fight a wrongful eviction lawsuit.