My Landlord Is Taking Me To Court For Unpaid Rent
If you are behind on your rent, your landlord can send you a written notice to either pay the rent by the designated date or get evicted. If you don’t comply as per the notice, then your landlord has the right to take you to the court to file for eviction as well as for the rent that you owe to them.
Can Landlords Sue Their Tenants For Unpaid Rent?
Yes, your landlord can take you to the court if you fail to pay him the monthly rent, especially if you owe them a large amount. It is completely up to them to choose how they want to settle the dispute. There is nothing much you can do other than try to negotiate with your landlord to avoid having to go to the court, which we can all agree, can get ugly and pretty hectic once the lawsuit is filed.
Before the case is taken to trial, the landlord will have to follow several protocols before your eviction process which, if not followed, can help you build your case as a tenant against your landlord.
How To Avoid Court?: When My Landlord Is Taking Me To Court For Unpaid Rent
The simplest answer to that would be to pay the rent on time to avoid getting sued in the first place. Under any circumstances, if you are behind on rent and are given the notice, then you can talk to your landlord and try to settle the dispute outside of court, but you will need to give them a strong reason as to why you’re behind on rent and assure them that you will pay them back by a certain date.
If Tenant Gets Wrongfully Accused
In case you are wrongfully accused of being behind on rent or any other charges, then you can make your intentions known to your landlord that you will retaliate by filing a countersuit. This might influence your landlord to drop the case and instead settle out the court. If not, then you need to be prepared for the hassle you will have to face.
You will have to gather evidence that goes in your favor and are strong enough to prove your accusations. Make sure to go through the state laws as it differs from state to state and pinpoint any mistakes of your landlord that might have led them to violate the lease agreement. Collect as much evidence as possible, it can be receipts, video or voice recordings, etc., to further strengthen your case.
Circumstances Under Which A Landlord Can Sue A Tenant
Other than being behind on rent, your landlord can also sue you for several reasons:
If you are in any way using the rented property for illegal means. If you are keeping a pet without the landlord’s consent. If you leave behind your belongings on the property without the landlord’s knowledge. If you move out before the lease period is over, without paying the entire rent of the said period. If you make any kind of damage to the property and refuse to pay for the repairing cost. If you make any major changes to the property without the landlord’s consent. If you have unpaid bills and your security deposit is unable to cover them. Insufficient security deposit to cover any damage made by the tenant. Violation of the Lease Agreement.
Conclusion
There are disadvantages to both parties once the case is taken to the court, which is why both parties are given a chance to come to a mutual agreement in the presence of a mediator before having to go before the judge. There is no guarantee if the judge’s rule will go in favor of the landlord or the tenant but it is a sure fact that both parties will have to invest quite a significant amount of money and time in the case.
Can my landlord still sue me without a lease agreement?
Even without a written agreement, your landlord can still sue you, although both parties will have to present their case with as much physical evidence as possible.
Is there a specific time under which a landlord can file a lawsuit against their tenant?
Yes, landlords can file their case anytime within six years although the duration may vary from state to state. But it is always advised that the lawsuit be filed within a month for the benefit of the parties.
Under what circumstances can I move out of the property before the lease is up?
A tenant can move out of the property if their landlord has breached any terms of the agreement.
