Filing A Motion To Fight Eviction

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Filing A Motion To Fight Eviction


Apartment Listing  

If a tenant has been unable to pay the rent and has a very valid and specific reason, then they can file a motion against eviction. Depending on the cause, they may stand a chance against eviction. However, it is definitely not easy to do this. First of all the client has to get an attorney to do this.

A person who has already filed for bankruptcy and owes money to the landlord after filing can use some laws to their benefit. No creditors can approach the client without the permission of the bankruptcy court. Also, the landlord would need to get the permission of the bankruptcy court in order to evict the tenant. In addition, if the landlord wins the eviction case in the court, the rest depends on whether the tenant is able to pay the judgment amount or the rent before a due date or else a sheriff will personally come and see that the tenant gets out of the house.

So, a tenant typically has time until the sheriff arrives at the door to vacate him. During this time the tenant will need to work on reclaiming his possession. However, this could be extremely difficult for the tenant as he would need to pay the landlord and he might find it difficult to cough up the money so soon.

Most courts actually do consider financial difficulties being faced by a tenant and that is why they offer a judgment amount that is lower than the rent due. The judgment amount usually lets you stay until you clear all the dues and also continue paying rents consistently.

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Filing A Motion To Fight Eviction

 
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Filing A Motion To Fight Eviction