Eviction Appeal: A Guide to Winning Your Case | [State] Tenant Rights

Successfully appealing an eviction is possible, but only if you have a case based on the tenant law in your state. Researching tenant legal rights can be challenging because the laws differ significantly depending on city and state. The chief tactics for winning an appeal are to prove that the landlord failed to live up to his obligations stipulated by the lease, or that rent was increased unfairly or contrary to local laws.

Step 1

Gather all documentation related to your apartment. Make copies of the original lease agreement. Save and organize all letters that you received from your landlord, the management company, or legal representatives. If you filed complaints about the apartment to government agencies, keep copies of that material on hand to show in court.

Step 2

Research the landlord-tenant laws in your state. You may use the resources provided by the department of Housing and Urban Development (HUD) to find links to information about state and local laws. Urban centers often have different rental laws than the states that contain them.

Step 3

Consider contracting a tenant rights lawyer. Avoid working with a eviction protection service or larger company since such corporations are not obligated by law to actually look out for the best interests of clients. A lawyer that you hire directly will be more likely to assist your appeal effectively. Landlord-tenant law can be exceedingly complex.

Step 4

Attend all court dates for your appeal. If you don't attend your court dates, there's a good chance that a default judgment will be reached against you. Argue your appeal in terms of the landlord-tenant law in your area. Emotional arguments will not win you leniency if your position isn't supported by the law. Common examples of successful eviction appeals include unjust rent increases, improperly served eviction notices, proof of in-habitability of the home due to issues like vermin infestations, lack of heat, or a slow response time for crucial home repairs. Provide the court with documentation that supports your arguments.

Step 5

Make as many appropriate arguments as you believe relevant for your appeal. In many cases, landlords are under-prepared for the complexity of the eviction process and make many errors in doing so. A successful appeal can protect your credit report and ensure your housing security.