What are my rights as a renter and if I’m being threatened with eviction?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights as a renter and if I’m being threatened with eviction?

Asked on January 14, 2013 under Real Estate Law, New Mexico

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have the right to receive at written notice of the eviction.  If the eviction is for non-payment, you must receive the notice at least three days before the eviction is filed.  Once the eviction is filed, you also have a right to receive a copy of the petition to evict you.  If you receive notice, you have the right to file an answer and assert any defenses (like uninhabitable living conditions).  If you do not file an answer, then a default judgment can be rendered against you and you will be forced to leave the unit.  If you do not want to stay at the residence, then you can agree to leave without civil action.  Before you leave, however, make sure that you do a walk through with the landlord to make sure that there are not additional issues (like damages to the carpet or walls) that the landlord will later try to pin on you.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are being threatened with eviction for something that is not a breach of the lease, you can sue the landlord for retaliatory eviction.  Retaliatory eviction is when the landlord retaliates against the tenant by evicting the tenant for something that is not a breach of the lease.

If you have committed a breach of the lease, then you may be subject to eviction. 

Additional information is needed as to why you are being threatened with eviction in order to determine your appropriate response.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are  residential rent, you may only be evicted through the courts (i.e. the landlord may not simply lock you out), and only for good cause, such as--

1) nonpayment of rent

2) Habitual late payment of rent, after warning to pay on time

3) Violation of lease provisions, after warning to stop violating them

4) Disturbing the peace of other residents, after warning to stop

5) Recklessly or deliberately damaging the landlord's property

6) When a lease expires

7) If you're a month-to-month tenant, after 30 days notice terminating your tenancy

8) For any other good cause  listed in a written lease.

There are a few other grounds for eviction, but the above are the main ones.

If there is good cause and the landlord goes through the courts, he or she can evict. However, if there is no good cause or the landlord does not go through the courts, you may not be evicted.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption