Is Your Eviction Notice Illegal? Here’s What You Should Do

Is Your Eviction Notice Illegal? Here’s What You Should Do

Is Your Eviction Notice Illegal? Here’s What You Should Do

Serving an eviction notice is the first legal actions a landlord takes against his tenant in case the latter does not adhere to the rules laid down in the lease agreement. However, if this notice is illegal, a tenant can approach the court to defend the move and continue staying in their current residence.

Rent control laws specify the rights and duties of both the tenants and the landlords. While landlords can send an eviction notice based on the violation of the lease agreement, a tenant can defend this notice in case the basis of it is illegal.

Most grounds on which a tenant receives an eviction notice include non-payment of rent, illegal activities, sub-letting or damage of property. A tenant has the right to defend the notice in case the ground of eviction is not listed under the law.

If the landlord has served an eviction notice against you on false grounds, the law would protect you.

For instance, a landlord may evade receipt of rent (in cash) for a given month and then use it against you for non-payment.

They might also charge you with damaging the property during your stay to evict you. You could also demand eviction based on the fact that you sub-let the apartment without their knowledge.

If there are mere allegations and not reality, you could drag the landlord to court. However, before a tenant does that, they must ensure they have enough evidence to proof their innocence.

There have seen several stances where landlords use absurd excuses to evict tenants without citing the real reason because doing that would provide them no legal authority to evict the tenant.  

When you move the court against such a move, you will have to provide adequate evidence to support your defence in the court of law to avoid eviction. 

Last Updated: Wed Mar 27 2019

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