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If you believe the eviction was retaliatory, then you must state that as an affirmative defense in your answer to the landlord's complaint for eviction. Since the laws can get quite complicated, I recommend you check with a tenant's rights group in your area for an attorney referral or look in the phone book for attorneys who give "free consultations."
Wiki User
∙ 15y ago
Wiki User
∙ 16y agoTenant may raise affirmative defense during eviction (to obtain stay), and may also assert retaliation in separate suit for damages resulting from illegal eviction.
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What is Retaliatory Eviction and why is it illegal?
In Massachusetts - many other states - the law prohibits a landlord from prosecuting a no-fault eviction soon after there are uncorrected code violations in the unit. There is an assumption that the tenant is being evicted in retailation for reporting the violations to authorities. The tenant can, however, be evicted for a reason, such as non-payment of rent.
What is the remedy available to the landlord when a tenant doesn't pay?
When a tenant doesn't pay his rent the landlord may begin eviction proceedings in court, which forces the tenant to move.
What rhymes with diction?
fiction, friction, addiction, affliction, constriction, conviction, depiction, eviction, infliction, nonfiction, prediction, restriction, benediction, contradiction, crucifixion, dereliction, drug addiction, interdiction, jurisdiction, rape conviction, science fiction, adhesive friction, cocaine addiction, murder conviction, actual eviction, alcohol addiction, constructive eviction, heroin addiction, judgment of conviction, nicotine addiction, robbery conviction, coefficient of friction, retaliatory eviction
Notice of Eviction: What Comes Next?
Receiving a notice of eviction can be unsettling for many tenants. It is important to fully understand why the eviction notice was issued and what steps to take in order to remedy the situation. For many, the option to simply move in response to an eviction is non-existent. Fortunately, there is a legal process that must be followed during eviction proceedings, often allowing the tenants time to come up with a alternative to losing their home.Understanding the Eviction NoticeA landlord can legally serve a tenant with an eviction notice if the tenant has knowingly violated any terms of the rental agreement. The most common reason for eviction is failure to pay rent. Before filing a notice of eviction, the landlord must give tenants a "warning", usually in the form of a 72-hour notice. This notice gives tenants a chance to pay the past due rent or remedy other violations. If they fail to do so before the 72 hours elapse, the landlord may file the necessary documents with the court to begin eviction proceedings.What Happens During Eviction ProceedingsOnce the landlord has filed for eviction, a court hearing will be scheduled. It is important to note that if the tenant fails to appear at this hearing, the eviction order will be granted to the landlord by default. At the hearing, the landlord will show cause for the eviction and the tenant will have a chance to defend themselves against it. The judge will decide whether an eviction is warranted. It may be helpful for a tenant to consult an attorney during these proceedings, as there are many intricate laws and regulations to be considered. What Happens After the HearingIf the judge rules in the tenant's favor, the eviction notice is nullified and the tenants are allowed to stay in their home. They must continue to pay rent and abide by the terms of the rental agreement. If the ruling is in favor of the landlord, an eviction date will be set. A local sheriff or other law enforcement agent will arrive on that date to ensure that the tenants leave.An eviction notice is undesirable and can be easily avoided by ensuring rent is paid on time and the terms of the rental agreement are upheld. When an eviction is imminent, tenants must act vigilantly to prevent losing their home.
Is a stay of eviction considered eviction?
No, a stay of eviction is simply a delay in the eviction process, which may be the result of a dispute, such as of how much rent to pay.
In a commercial eviction does the landlord need to apply to a court for an eviction notice?
in a commercial eviction does the landlord need to apply to a court for an eviction notice?
Retaliatory tariff is?
A retaliatory tariff is a tax that is imposed by one country because Another Country increased their tax rate. This is an act that is done in retaliation.
Eviction because tenant filed housing complaint?
A landlord can evict you for ANY reason. But will he win? That's the real question!! Well it works like this: if you file a housing complaint and your landlord evicts you, and you can prove it's because of the complaint, then this is called retaliatory behavior on the part of the landlord, and you can fight the eviction, and most likely win. In many states you can then sue your landlord for damages of up to three months rent abatement, court costs and any attorney fees.
What is warranty against eviction?
warrantty against eviction
eviction form?
need free eviction form
Is there a better way of saying revengeful?
vengeful Retaliatory
What rights does a tenant have in an unlawful self help eviction by the landlord that led to great bodily harm and disability of the tenant that now faces lawful eviction and needs more time?
We have three different issues here: an illegal eviction, which appears to have been resolved; an allegation that the illegal eviction has resulted in great bodily harm and disability by the landlord; and that now the tenant needs more time (for what? I presume to find another dwelling). It appears that the illegal eviction has been resolved, or the tenant would not be living on the property now and need more time. So this issue is cleared. Next, the tenant claims that during the illegal eviction the landlord has caused great bodily harm and disability to the tenant. This is an issue that needs to go to civil court for remedy. Now, the tenant states he needs more time - I presume time to find another place, now that a legal eviction process has begun. If the eviction process has begun due to lack of payment, there is no time that the court will give you to remedy this situation: you must follow the court's procedures in answering this eviction. In Florida, this means that the tenant will have to pay to the clerk of your court the amount of money the landlord claims the tenant owes them, in order to secure a court date. If the pending process result in a new month, the tenant will have to continue to pay the clerk's office the money that the tenant would've had to pay the landlord. If landlord wins the eviction, they will receive that money minus 14%.
