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Wrongful Eviction

You Can Fight a Wrongful Eviction, because it’s illegal for a landlord to kick out a tenant without following the proper legal procedures.

12 million Americans who were once protected by a federal ban on evictions lost that protection last Saturday. One Memphis man who can’t seem to get back on his feet fears becoming homeless.

They can’t take the law into their own hands by changing the locks, cutting off your utilities, or threatening and harassing you to leave. If they do, you can take them to court.

Before a landlord can evict you for failing to pay rent or violating the lease, they have to give you a “notice of termination”. Different types of notices may be required for different types of situations. You’ll have 14 days to pay or correct the violation. If you don’t, the landlord can proceed with an eviction lawsuit. A judge then has to issue a court order for the eviction to proceed. If your landlord doesn’t follow the legal process, but tries a “self-help” eviction, you can sue for damages.

On the other hand, an “unconditional termination notice” can order you to move out in a very short period of time. This is allowed when a tenant has repeatedly violated a lease, badly damaged the rental property, committed criminal acts on the property, or become a threat to the health, safety and welfare of other tenants on the property.

Challenging an eviction may not be in a tenant’s best interest. If the tenant loses, they may have to pay the landlord’s court and attorney fees, and end up with a bad credit rating.