After being given a written notice from your landlord that he is going to initiate eviction proceedings, you need to act quickly if you want to stay in the apartment. When the process has gone as far as getting a court marshal to serve you with eviction papers, it will cost you significantly to keep the apartment.
Nonpayment of Rent
As long as you get back up to date on your rent payments as agreed in your lease, you should be able to keep your apartment. If you pay your rent before the landlord starts legal eviction proceedings through the court, you only have to pay the back rent. If the landlord has begun eviction proceedings, you will have to pay the court fees as well to keep the apartment.
When your landlord has begun court proceedings, you must go through the court to keep the landlord from renting your apartment out to someone else after evicting you. Follow the instructions on your court eviction papers to request a hearing. At this time, you can tell the judge that you have the money to pay your back rent or you can explain special circumstances and request an extension to get your money together.
Writ of Possession
If the court has issued a writ of possession, which must occur at least a week after your court hearing date, you must move out within the time specified on the writ of possession. At this point, it is very difficult to stop the eviction proceedings. If you have the money to pay the rent, go to court immediately and request that the writ of possession be stopped.
Reasons for Eviction
When you are being evicted for a reason other than nonpayment of rent, such as significantly damaging the apartment or being a nuisance to the neighbors, you have less of a chance of being able to stay in the apartment. In this situation, you must prove to the court that the landlord's claims against you are inaccurate. Your landlord might agree to let you move back in if you pay to repair the damage you caused, but even then, he has no legal obligation unless the court orders it.
- Housing Court Answers: Eviction Notice From a Marshal
- Pine Tree Legal Assistance: What Can I Do if My Landlord is Trying to Evict Me?
- Pine Tree Legal Assistance: Rights of Tenants -- Evictions
- Justia. "Eviction." Accessed Oct. 6, 2020.
- Nolo. "How to Delay an Eviction." Accessed Oct. 6, 2020.
- Experian. "How Does an Eviction Affect Your Credit Report?" Accessed Oct. 6, 2020.
- Fair Credit Reporting Act. "§ 1681c. Requirements Relating to Information Contained in Consumer Reports." Accessed Oct. 6, 2020.