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An eviction is a court case that a landlord must file to remove a tenant for a rented apartment or house if you have lived in a rooming house or hotel for at least 30 days the landlord must use the eviction process to make you move an eviction case which lawyers call a summary proceeding is started when the landlord has someone else served the tenant with two papers the notice of petition which tells the time date and place of the court hearing and the petition which tells the reason the landlord wants to evict you must be served with both of these papers at least five days before the court date and the court date can't be later than 12 days after you are served just because a landlord starts an eviction doesn't mean that the landlord will win tenants have certain rights and there are several defenses to an eviction action there are a few reasons why someone may be evicted if you have a written lease you can only be evicted if the lease is up you owe rent or if you have seriously violated the terms of the lease if you don't have a written lease, and you pay rent on a month-to-month basis you can be evicted only if you all rent or if you are given one full month's notice to move out your landlord must prove in court that any of these are true you can defend yourself in an eviction action your defenses depend on the reason for the eviction action the reason for your eviction must be written on the petition if the petition says non-payment you may tell the judge any of the following as long as they apply one you paid the rent be sure to bring proof such as a written receipt to you offered to pay the rent, but your landlord refused to take it be certain to bring all the rent money to court with you if you offer the full amount of rent owed plus court costs you should not be evicted 3 you did not pay the rent because the landlord won't make repairs be sure to have all the rent money owed and a copy of the inspectors report proving the poor conditions for DSS is holding back the rent because the landlord won't make repairs be sure to bring a copy of the notice from your worker if the petition says holdover this means your landlord believes your lease has ended, and they want you to leave even if you don't owe them you may tell the judge any of the following to defend yourself 1 your landlord did not give you one full month's notice to move out to your landlord did give you one full month's notice to move out but is trying to evict you because you complained about poor conditions or a call the housing inspector be sure to bring a copy of the inspectors report courting these rules are slightly different if you live in a mobile home park please review the mobile home eviction video for more information there are also specific rules about how you should be served with the court papers oftentimes landlords make mistakes that should cause your case to be dismissed according to the law someone over the age of 18 who is not your landlord should be the one to...
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