Eviction is always a scary situation for many renters to face, especially if they are being evicted for missing a payment once because they were protesting a landlord's inability to keep their home livable. This situation is often so complex that it takes one or more tenant eviction lawyers to properly handle it. These professionals can sort through the blame and figure out how to provide the necessary help.
Late Payment of Rent May or May Not Be Grounds for Eviction
The landlord of a home has the duty to keep an apartment or house in good enough shape for the renter to live in properly. They must provide all repairs that are needed to keep the home strong and livable, including upkeep to appliances and more. When they do not, some tenants may be tempted to withhold their rent in protest, hoping that this action may cause their landlord to operate on their behalf.
Unfortunately, this battle of chicken may cause the landlord to pull the biggest bluff — attempting eviction of their tenant. This situation can be complicated because a failure to pay rent is often a suitable reason for eviction. However, the landlord has also broken their lease by failing to provide adequate repairs, so those in this situation should hire a tenant eviction lawyer to protect their rights.
Defenses Against This Problem
If a tenant has missed a rent payment just one time, they may find it very easy to avoid eviction. Typically, most renters agreements have clauses that protect a tenant from being evicted after just one missed payment. And many state laws have similar protection, particularly if the tenant pays the missing rent in full, including all court fees, after receiving a summons for their eviction.
A good tenant eviction lawyer can help with this type of process by working with the landlord and attempting to find an alternative path towards resolving the issue that does not include eviction. Often, this path may include creating alternative payment plans, working with the landlord and the tenant on communication, and upgrading the apartment to meet the needs of the tenant as is required by rent law.
The lawyer may also help out here by taking photos of the apartment and using them as evidence of the landlord's lack of attention to keeping the apartment livable. For example, if the landlord has not repaired electrical problems that could cause a fire or repaired a furnace after being told that it was damaged, the tenant is very likely to avoid eviction and prevent financial difficulties as a result.
Whether you're a landlord or a tenant and you have questions, contact a local tenant eviction lawyer.