Your landlord can send you an eviction notice without cause to get their property back when you have no lease, or your lease has expired. If you don’t leave within the time limit set forth in the notice, your landlord can start an eviction process against you. You have the opportunity to contest the eviction at a court hearing. You should check your state laws and consult with a real estate landlord/tenant attorney if you receive an eviction notice without cause from your landlord.
What You Should Know?
For an eviction notice without cause, your landlord generally needs to give you more time to move. The typical time frame is anywhere from 30-90 days depending on your state laws.If your apartment is covered by rent control laws,you may be entitled to an exception that prevents your landlord from evicting you without cause. Some states require that the landlord is only able to evict a tenant for a recognized cause such as:
- Failing to pay rent
- Early termination
- Committing anillegal act on the premises
- Subletting or assigning without the landlord’s permission
- Damaging the property
- Othercontractual default by the tenant.
You should check your state laws to see if your state has “just cause eviction protection” or ask your attorney.
Legal Defenses
At the court eviction hearing, you can present testimony, bring witnesses and assert legal defenses. The judge will listen to your testimony and evidence and give the landlord an opportunity to testify as well before making a ruling. The following are legal defenses you can use against an eviction notice without cause, which include the following:
- You have a valid lease.
- Your state only allows just cause evictions.
- Your landlord did not give you a proper notice.
- Your landlord is discriminating against you or retaliating against you. If you have complained against your landlord for a health, safety or Fair Housing violation, your landlord cannot evict you. A landlord cannot evict a tenant based upon race, religious creed, color, national origin, disability, ancestry, familial status or sex. You may be able to collect monetary actual and punitive damages.
- If you are disabled mentally or physically or over the age of 60, you may be able stay an additional 30 days at the property before you have to move.
Hire an Attorney
If you receive a notice of eviction without cause, you should hire a landlord/tenant attorney to represent you in court. The attorney is an expert at landlord/tenant eviction laws and legal defenses. The attorney can answer your questions and explain the eviction laws and process to you.