The Economic Crisis And The Rise In Tenant Eviction Rates (Continued)

According to the United League of Cities, the National Low Income Housing Coalition estimates that 40% of “households that lose their homes to foreclosures are renters.” Fortunately, there might be some relief in sight for tenants whose landlords are having problems with mortgage payments.

A new legislation, The Helping Families Save Their Homes Act was signed into law under President Obama in early 2009 and provides:

• More protection for tenants from evictions that are due to landlord foreclosure
• If a landlord loses a rental property because of foreclosure, tenants have 90 days before having to vacate the property

The steady rise in tenant eviction rates and crowded court systems that handle such matters does not change the simple fact that a landlord cannot violate a tenant’s rights with an unjust eviction.

Though specific laws vary from state-to-state, in general, a landlord is obligated to present a valid reason for violating a lease with a tenant. A landlord is also required to give notice to a tenant before submitting an order of eviction. In some instances, a tenant can enact a counter-claim against a landlord, if the tenant can prove that the landlord acted in a way that violated the terms of the lease.

When dealing with a landlord or leaser, particularly in matters of disagreement or rental disputes, it is highly recommended for a tenant to keep thorough records of all communication with the landlord. These records will be necessary in the event that a tenant decides to fight the eviction in a civil court with a wrongful eviction lawsuit.

Real estate law is complicated and can vary from state to state. It is important to speak with an attorney who specializes in tenant evictions before making any hasty decisions. Whether you are a homeowner, landlord, or tenant, Whocanisue.com can help you find an experienced real estate attorney in your area.