You’re one of a million homeowners in America who are now facing an eviction notice. We have all been affected by the pandemic, however some homeowners struggle with getting their housing back in order and staying in it. This can be due to landlords making you vacate your home illegally. In these situations you need legal help as well as the right lawyer and attorney for your case. This step is called serving an eviction notice. If you’ve ever experienced an eviction while trying to get back into your home or if you’re filing a lawsuit against the landlord, this guide will teach you how to serve an eviction notice legally. The best way to serve an eviction notice is through a real estate agent. But what happens if that doesn’t work out for you? The answer is simple. If you don’t have a lawyer, an experienced attorney will review the facts of the matter. They will also look at your options. Once they determine that there is no merit in your claim, then the lawyer will tell you whether you have grounds to file a suit. Let’s take a closer look at the first step of the process. What Is An Eviction? An eviction is when a tenant files against their landlord. Usually this can happen over several months, but sometimes it can happen suddenly. A few factors lead to an eviction including, among others, bad behavior, property damage (usually from mold), and excessive water usage. Most common tenants in New York City do not receive an eviction notice until they are forced to go away. When rent or mortgage payments aren’t made or even missed, often the landlord is able to find someone else to give them back the keys to your apartment. Since most renters are unable to afford a new place, they don’t really realize until after they’ve been evicted that they ever lost any income from employment. While this has happened to many people across the country over the past five years, this pattern of eviction rarely ends without consequences. What should you do if you haven’t gotten your housing eviction notice yet? Follow this advice to ensure your rights are upheld in court. Is It Illegal To Sue Your Landlord For Not Vacating Your Home The truth is most states have laws that prevent uncooperative landlords from evicting tenants. However, that does not always mean everyone gets what they deserve. Some cases go better than others. Below are examples of tenants who successfully secured rental homes in spite of an eviction notice. The law is on their side and the judge agreed. Another good example is when rent is paid late. Again, the court agrees. Lastly, there are instances where a judge may not rule in either party’s favor. How Long Does An Appeal Take? The time limit for appeal is usually six months. In general, though, there is usually no limit to the amount of time you should wait before filing an appeal. As long as your original complaint is lodged within 60 days of receiving the notice, there is nothing wrong with taking action. Typically landlords who fail to make timely payments to keep tenants, or whose actions create obstacles for re-renting tenants, are more likely to face an immediate loss of income from the lease. Although, because so many tenants have suffered during this pandemic, it would take longer for landlords to recover some money. That said, the majority of landlords know the law and are happy to provide a plan of action if landlords try to cut tenant hours. There are plenty of ways to fight a landlord in court and still keep your job! How Can I File My Own Lawsuit Against A Landlord? If you’ve already filed your lawsuit against the landlord or the state that issued the eviction notice, the key to success is providing evidence for why you are owed money. Whether yours is rental income, medical bills, repairs or just a small child’s college expenses, you deserve compensation. The same goes for those who want to protect themselves against future litigation. Because your landlord is under contract to pay you what they owe, the only thing you have to worry about is obtaining a higher rate of rent. And that’s what we will discuss below. How Do I Make Money From My Rent Back On My Residence? It’s important to mention that many landlords consider us as a liability because we are not keeping up with our monthly rental fees. Fortunately, if you win your eviction, you will be entitled to damages because you were unjustly evicted. Your landlord may choose to use predatory tactics, like harassing you with emails and phone calls, to try to collect rent. Unfortunately, this typically fails because the law makes it difficult to prove that the landlord did anything wrong. So, as much as possible, try to get a reprieve from both sides. Be sure to remember that each party has “skin in the game” here. By settling for less, you will avoid being responsible for their misdeeds and the cost of resolving a legal dispute. Now, let’s talk about the second part of the equation. How Many Months Are There Between Getting A Rental Offer And Having Your Tenant Receive Their First Check? As mentioned earlier, there is little difference in paying late fees between late payments and getting evicted. Both methods can get you in trouble, but late payment results in a lower payout, which means a faster exit out of your situation. Here’s where things get dicey. Late payment amounts can differ greatly, from $30 to tens in dollars. Depending on the circumstances, the amount could range from thousands to even millions of dollars. Also remember that late payment amounts generally have a two year waiting period from the date rent is received to the last paycheck date. Keep in mind that although there may be different dates for late payment, the same rules apply