Renting a Home

Evictions

What happens in court?

If the tenant chooses to fight an eviction, the case goes to court. Once there, it is likely to become more costly and complicated to resolve.

To streamline the process, here are some suggestions:

  • Both the landlord and the tenant should come to court to tell the judge exactly what happened.
  • Having eyewitnesses can strengthen your position.
  • If you present documents, use originals or high quality copies. All cash transactions should be documented with receipts. Canceled checks and money orders are good proof of payments.

If the court orders you evicted, you can postpone eviction if you have a good reason.

The judge will consider hardships, such as young children or a sick or elderly family member, in setting the eviction date.

You may file a request for an "extension of time" if hardships keep you from making the deadline.

If the extension is denied, you should prepare to move immediately to avoid having your belongings put in the street.

>>What is an eviction?
>>What are the legal grounds for eviction in most areas?
>>What happens in court?
>>Can a tenant legally withhold rent?
>>Where can I get more information?


Practical Law Home | Renting a Home | Leases | Lease Clauses to Consider | *Evictions*
Security Deposits | Fair Housing | Where to Get More Help

Advertisement