Evictions Law

The law concerning evictions often varies from state to state, and specific counties or cities may also have their own particular rules and regulations regarding evictions. Consulting an attorney who specializes in landlord tenant law may be beneficial for those involved in eviction disputes. Though the particularities may vary, both landlords and tenants do have some general rights and responsibilities under the law when it comes to evictions. Landlords are permitted to evict tenants with a lease for nonpayment of rent or other specific lease violations, and tenants have the right to argue against evictions in court hearings. Tenants are protected from illegal evictions under the law, and may be able to file suit against a landlord who attempts an illegal eviction to recover monetary damages. Examples of illegal evictions under the law include any evictions that do not follow the exact legal procedure required, as well as retaliatory evictions and evictions based on discrimination. Federal civil rights law protects all tenants from discriminatory evictions.

Fast Facts

  • A 1993 study concluded that 86% of tenants facing eviction in New York City Housing Court were either African American or Latino.
  • The Eviction Defense Collaborative of San Francisco provides emergency legal services to over 5,000 tenants a year.
  • According to a 2001 study of evictions in New York City, 88% of tenants were not represented by lawyers.

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