When disputes arise with tenants, property owners sometimes assume they can simply evict their renters without due process. While forcibly removing an occupant from a property is certainly within a landlord's rights in a variety of situations, state and local laws provide a variety of protections and avenues through which a tenant may challenge an eviction.

4 Legal Defenses for Renters Facing Eviction

1. Warranty of Habitability

Every landlord has the responsibility to provide their residents with livable space and working electricity and running water. The home should also be free of dangerous mold growth, rodents, and other infestations. If the property is in substandard condition, renters may be able to delay eviction or demand a reduction in unpaid rent until the defects are repaired.

2. Discrimination

Asking a tenant to leave based on qualities such as race, gender, national origin, religion, or family status is against federal fair housing laws. In addition to the federally protected classes, your state may extend additional protections to other marginalized groups.

3. Retaliatory Eviction

If you've filed a suit against the landlord, reported unsafe conditions, or demanded that repairs be made, the landlord is barred from evicting you in retaliation. If you believe you're the target of a retaliatory eviction, an experienced real estate attorney can help protect your rights.

4. Waiver of Notice

Even if you've already received a written notice of eviction, your landlord's subsequent actions may render the action void. For instance, if the landlord says you can pay rent late or even accepts a portion of unpaid rent, the eviction process will have to start over.

If you're facing eviction anywhere in the Middletown, NY, area, Cheryl A Beverson, Attorney At Law has the legal expertise to ensure that your rights are protected. To learn more about their services and to schedule a consultation, visit their website or call (845) 341-0008 today.