How do you delay eviction?


Quick Answer

A tenant can delay eviction in numerous ways, including making up back payments and answering the summons within a specific time frame. How an eviction is handled depends on the specific circumstances of an eviction notice.

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Full Answer

If an eviction is due to unpaid rent, the best way to delay eviction is to catch up on all unpaid balances as soon as possible. Once payments have been made, the recipient of the notice should submit proof of payment to the clerk of court handling the case within the time frame for a response. This window of time varies from state to state and can range from a few days to a few weeks.

If the eviction has another cause, a tenant can file a response with the clerk handling the case within the time frame for response to delay the process. If a tenant believes that his landlord has filed an eviction notice out of retaliation, he can submit evidence to the clerk of courts within the given window of time. While the burden of proof falls on the tenant, sufficient evidence can result in dismissal of the case. If a rental property was kept in poor condition, a tenant can also appeal on the grounds of habitability. With sufficient proof of landlord notification and lack of action, the notice can be delayed or dismissed.

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