How to Fight an Eviction and Protect Your Rental History

Receiving an eviction notice can feel overwhelming and scary. You need to act quickly. Evictions stay on your credit report for seven years. They make finding future housing incredibly difficult.

You have rights as a tenant. Whether the eviction seems justified or not, you can fight back. The steps you take now will determine your housing future.

Review Your Lease Agreement First

Your landlord must provide a reason for your eviction. You typically get a set timeline to fix the problem. Non-payment of rent usually gives you three days to pay.

Pull out your lease and read the termination section carefully. Look for what actions warrant eviction. Check how much time you have to respond. Most states require landlords to notify you of lease violations first.

You may have five to ten days to fix the issue. Understanding your lease gives you power in this fight.

Know Your State’s Tenant Rights

Each state has specific laws governing evictions. Landlords must follow strict procedures. You can find your state’s Landlord and Tenant Act on the HUD website.

Research what your landlord must do legally. Many evictions fail because landlords skip required steps. Knowing these rules helps you identify wrongful eviction attempts.

Common Defenses Against Eviction

Courts accept specific defenses when you fight an eviction. You need solid evidence to support your claims. Here are the most effective defenses you can use.

Your Landlord Failed to Maintain the Property

Landlords must keep rental properties habitable. A leaking roof, broken heat, or other serious issues matter. If your landlord ignored your repair requests, they may have breached the lease.

You need documentation of every complaint you made. Save emails, texts, and certified letters. Photos of the problems strengthen your case significantly.

You’re Facing Discrimination

Federal law protects you from discrimination. Landlords cannot evict you based on protected characteristics.

Protected categories include:

• Race and color
• National origin
• Religion
• Sex
• Familial status
• Disability

If you have a disability requiring an emotional support animal, your landlord cannot evict you for that reason. Gather any evidence showing discriminatory intent or statements.

Your Landlord Served Improper Notice

Eviction procedures are strict for good reason. Your landlord must follow exact notice requirements. Check your state’s tenant laws for proper service rules.

Many evictions get dismissed due to improper service. Did your landlord give you enough days? Did they use the correct delivery method? These details matter in court.

Your Landlord Has No Valid Reason

Some landlords try to evict tenants without proper justification. Did your landlord refuse to accept your rent payment? Did they stop communication after giving notice?

Document every attempt you made to pay rent. Keep copies of checks, money order receipts, and written offers. Evidence of your good faith efforts can defeat an eviction.

File a Motion to Dismiss

You can ask the court to dismiss the eviction before your hearing. A Motion to Dismiss Eviction challenges the landlord’s legal grounds. You must include evidence supporting your defense.

Contact your local Clerk of Court for motion forms. Many courts provide templates you can use. Attach relevant exhibits like photos, emails, and repair records.

Filing this motion shows you take the eviction seriously. Our partner Solo can help you prepare the necessary court documents to fight your eviction.

Get Rental Assistance for Unpaid Rent

Many landlords will work with tenants facing financial hardship. But some won’t negotiate at all. Rental assistance programs can save your housing situation.

Government and city programs offer emergency rent help. Search for “rental assistance programs” plus your city name. You might qualify for funds to catch up on payments.

These programs can pay your landlord directly. Acting quickly gives you the best chance at approval. Don’t wait until the day before your court hearing.

Consider Legal Help

A tenant’s rights attorney knows eviction law inside and out. They can identify defenses you might miss. Many areas offer free legal aid for housing cases.

Search for legal aid societies in your county. Bar associations often have referral services too. Getting professional help increases your chances of success.

Fighting an eviction protects your rental history for years. The effort you invest now prevents housing problems later. You have more power than you think.