What Legal Steps Can I Take Against Illegal Eviction?

Eviction rules do vary from state to state, but some basic rules do remain the same throughout the country, and a landlord must obtain a court order for eviction before a tenant can legally be removed from the property, and they cannot use threatening behavior or other tactics to try and force you to move from your residence. If a landlord has told you to leave the property without giving you any notice, and has not shown you a legal eviction notice then there are a number of steps you can take to challenge this illegal eviction:

• Evidence Start building up a file of evidence against your landlord, detailing any examples of threatening behavior such as destruction of your belongings, persistent harassment or threats to your physical safety, and make sure you report anything like this to the police and get a copy of the reports for your evidence file.
• Motion

  Request a standard motion form from your local court and submit a motion against your illegal eviction. Provide your full name and contact details and those of your landlord, and also the address of the property you are being evicted from. List any details of threatening behavior and harassment, and if you do have a rental agreement contract or a written lease provide the details and attach a copy to the motion when you submit it. You will also need to provide details of what help you are requesting from the court, which could be some more time before the date of the eviction so that you can find somewhere else to live. If you want to recover monetary damages for any personal belongings that have been damaged or destroyed by your landlord, then you will also have to file a separate civil lawsuit or go through the small claims court.

• Serving Motions

  Once you have submitted your motion against eviction a copy must be served on the landlord using an established method such as a process server, sheriff or certified mail.