Tenant Rights During an Eviction: What You Need to Know

Evictions can be stressful, confusing, and financially devastating. Whether you’ve fallen behind on rent, had a disagreement with your landlord, or been told to vacate for another reason, the process is often overwhelming. But here’s an important fact: you still have legal rights, even during an eviction.

At The Law Office of Victor Druziako, P.C., in Vineland, New Jersey, I help clients understand and defend their rights during an eviction. Here, I’ll walk you through the eviction process, explain your legal protections, and offer practical tips for this challenging situation. Legal counsel is essential for those being evicted; contact my firm today to discuss your case.

The Basics of the Eviction Process

Eviction is a legal process that allows a landlord to remove a tenant from a rental property. It’s important to know that landlords can’t simply change the locks, shut off utilities, or remove your belongings without a court order; those actions are considered “self-help” evictions and are illegal in most states.

Common Reasons for Eviction

Landlords may initiate eviction proceedings for various reasons, but these must always be based on legally recognized grounds. Understanding the cause for your eviction can help you determine whether the landlord’s actions are justified and whether you may have a defense. Common reasons include:

• Nonpayment of rent

• Lease violations (such as unauthorized occupants or pets)

• Property damage beyond normal wear and tear

• Using the property for illegal purposes

• End of the lease term when the landlord chooses not to renew

Regardless of the situation, the landlord can’t simply force you to leave without proper legal procedures. Even if the reason seems valid, the landlord must follow the legal eviction process in your state. This means providing the correct notices, filing the necessary court documents, and giving you a fair chance to respond before any eviction can legally occur.

Notice Requirements

Before filing an eviction lawsuit, most states require landlords to give tenants written notice. This notice serves as the landlord’s formal way of informing you about the issue and giving you a chance to address it before the eviction process moves forward. The type of notice can vary depending on the reason for eviction and your state’s laws. Common notice types include:

• Pay or quit notice: Gives you a certain number of days (often 3–5) to pay overdue rent or vacate.

• Cure or quit notice: Gives you time to fix a lease violation (for example, removing an unauthorized pet).

• Unconditional quit notice: Requires you to leave without an opportunity to correct the issue, typically used in cases of serious or repeated lease violations.

Receiving the proper notice is your first official warning, and it triggers your rights as a tenant to respond appropriately. If a landlord fails to provide the correct notice or does not follow the prescribed timeline, you may have grounds to challenge the eviction. Always keep copies of any notices you receive and consult your tenant rights to understand your options fully.

Court Proceedings and Your Rights

If you don't comply with the notice, the landlord must file a formal eviction lawsuit, often called an “unlawful detainer” or “forcible entry and detainer” action. This legal step means the landlord is asking the court to order you to leave the property. Your tenant rights during this stage include:

• The right to receive proper service of court documents

• The right to respond to the lawsuit within the required time frame

• The right to a court hearing before being evicted

• The right to present evidence and call witnesses

• The right to be represented by an attorney

To protect your interests, it's critical that you respond to the court summons promptly and follow all court rules. Exercising your tenant rights at this stage can significantly affect the outcome of your case, so seeking legal advice is highly recommended. Contact The Law Office of Victor Druziako, P.C., to speak with me about your case.

What Happens After a Court Ruling

If the court rules in the landlord’s favor, the judgment will specify when you must leave. In most cases, you’ll have a short window (often 5–10 days) to vacate voluntarily. If you don't leave, the landlord can request a writ of possession, allowing law enforcement to physically remove you from the property.

Illegal Eviction Tactics to Watch Out For

Unfortunately, some landlords try to bypass the legal process and remove tenants without going through the courts. These actions aren't only unfair but also unlawful in most states. Knowing what qualifies as an illegal eviction can help you protect yourself and act quickly if your landlord crosses the line. Your tenant rights protect you from illegal eviction tactics, including:

• Changing the locks without a court order

• Removing your belongings without permission

• Shutting off heat, electricity, or water to force you out

• Threatening or harassing you to leave

If you experience any of these tactics, document the incidents carefully, including dates, times, and any witnesses. You should also contact a qualified real estate attorney or legal aid service as soon as possible to discuss your options. If your landlord engages in these actions, you may be entitled to damages.

Defenses to an Eviction

Depending on the circumstances surrounding your eviction, you may have valid grounds to challenge it in court. Understanding the potential defenses available to you can help protect your rights and possibly prevent an unlawful removal from your home. Common eviction defenses include:

• Improper notice: The landlord did not follow the state’s legal notice requirements.

• Retaliatory eviction: The landlord is evicting you because you reported housing code violations or exercised other legal rights.

• Discrimination: The eviction is based on race, religion, disability, family status, or another protected category under the Fair Housing Act.

• Breach of the warranty of habitability: The landlord failed to maintain safe and habitable conditions, and you withheld rent as permitted by law.

• Acceptance of partial rent: In some states, if a landlord accepts partial rent after issuing a notice, they may have to restart the eviction process.

Raising these defenses effectively requires knowledge of the law and the ability to present your case clearly in court. That’s why consulting with a real estate attorney is critical; they can review your situation, help you identify the strongest defense, and represent your interests throughout the process.

How an Eviction Affects Your Record

An eviction judgment can appear on your public record and may make it harder to rent in the future. Even if you leave voluntarily after receiving notice, unpaid rent or damages can still lead to collection actions. Some states allow tenants to petition the court to seal eviction records, especially if the eviction was dismissed, you won the case, or you reached a settlement.

Negotiating with Your Landlord

In many cases, eviction can be avoided through open communication and negotiation. If you’re proactive and willing to work with your landlord, you might find solutions that benefit both parties without the need for court intervention. Exploring these options early can save time, money, and stress for everyone involved. Possible options include:

• Setting up a payment plan for overdue rent

• Agreeing to move out voluntarily in exchange for more time or reduced rent

• Fixing lease violations promptly and providing proof

Landlords sometimes prefer negotiation because it saves them court costs and avoids having a vacant unit. Reaching a mutual agreement can also preserve a more positive relationship and provide you with additional time to plan your next steps. This collaborative approach often leads to solutions that are more flexible and tailored to both parties’ needs.

Speak With an Attorney Today

If you’re facing eviction, time is critical. Every day counts when responding to notices, preparing your defense, or negotiating with your landlord. Tenant rights exist to make sure that you’re treated fairly, but you must actively assert them to benefit from these protections. At The Law Office of Victor Druziako, P.C., I help clients in Vineland, New Jersey, and throughout South Jersey defend their tenant rights. Contact my firm today to discuss the details of your situation.