Tenant Rights In Eviction Proceedings (Continued)

Investigate the rights you have in your area and know them in advance. You may consider contacting a real estate attorney or eviction attorney or visiting the Internet for information specific to your locality. Some areas have tenant rights information centers at the local housing authority. In many cases, if your eviction action is due to rent arrears, payment of the rent to current status usually stops the proceedings.

Protect Yourself

There are several ways to protect yourself during a lease or rental agreement. Here are just a few:

Tour the premises prior to move-in and document any problems.
Take pictures of the rental unit and area prior to moving in.
Get everything in writing. Even if an oral agreement is made, follow it up with a confirmation letter.
Retain all correspondence between you and your landlord.
Either get rent receipts or keep cancelled checks as proof of your rent payment.

Document Everything

It cannot be said enough, document, document, and then document some more. The key in any court case is the burden of proof and the ability to provide evidence. Keep a notebook where you record interactions that occur. Knowing the dates and times of certain events can be key to your case.

If your landlord will only verbally approve something, write a confirmation letter detailing your conversation and how you understand the details of the decision that was made. Provide them an opportunity to respond should their version of the agreement differ.

Although it is your right to represent yourself in eviction actions, it isn’t advisable. Most people do not know the law and have a hard time presenting a defensible case to the court regarding the eviction action. A real estate attorney that has been trained in real estate law, landlord tenant law, eviction law, as well as common law, will be familiar with legal procedures and options that may not be known to the lay person.