The next step in the eviction process is for your landlord to give you a written eviction notice— but only if this is required in your state.
In some states, you’ll only have 24 hours’ notice, while in others, you could have 30 days’ notice or more!
Some states only allow you to request one continuance, while others will allow you to request a continuance several times. Keep in mind that a few states don’t allow continuances for certain eviction types, like illegal activity, or may not allow continuances at all.
If you’ve violated a lease provision, the first step is to talk to your landlord right away. You’re showing good faith by alerting your landlord as soon as possible, instead of letting them stumble onto the issue on their own.
If you know that you’re not going to be able to pay your rent on time, explain the circumstances, and see if your landlord will be willing to work with you on a payment plan for late rent, especially if you or another member of your household has lost a job or had to cut back on hours.
Notice periods can vary from 24 hours to 30 days (or more!), depending on how serious the issue is and the state you live in. If you get a notice to quit or vacate, you’ll be told to move out after a certain number of days without getting the option to correct the issue.
Notice period ends but you have not complied/paid or vacated (in states that require written notice). – Now the landlord can file an eviction action and ask the court to force you to move out. BUT you typically don’t have to move out at this point. Court hearing is scheduled.
Seek the advice of a legal counsel. A lawyer can tell you your chances of winning the case based on your evidence. He can also provide in-depth advice on how to present your case and what to avoid. According to the law website NOLO.com, hiring a lawyer for consultations costs about 10 percent to 20 percent of what she would charge to represent you.
Present your case in a calm, clear and logical manner. Start at the beginning of the occurrence and proceed with facts in a chronological manner until you come to the end. Do not give unnecessary details. Follow acceptable court etiquette. Address the judge as “Your honor,” and do not address the defendant.
It is called “Pro se” when you represent yourself in court. Seek the advice of a legal counsel. A lawyer can tell you your chances of winning the case based on your evidence.
If the statute of limitations for your case has expired, you cannot present your case. Gather supporting evidence for your case. Although you will be given a chance to talk about the events of the case, judges base their decisions on facts and must see evidence of these facts. Your evidence must be convincing and admissible ...
Your evidence must be convincing and admissible and you must be able to prove it. Examples of acceptable evidence include contracts, phone records and pictures. The more relevant supporting evidence you can provide, the better. Call a witness.
Follow acceptable court etiquette. Address the judge as “Your honor,” and do not address the defendant.
Small claims courts simplify the procedure so that plaintiffs and defendants can represent themselves easily. The maximum amount allowed in a small claims court varies by state. If the amount is greater than what the small claims courts allow in your state then you must file in a limited jurisdiction court or Superior Court.