There's No Place Like Home - Part 1

Credit Advocates is dedicated to educating tenants on their rights with this new series: There's No Place Like Home 

Each day, millions of people go to work with the ultimate goal of bringing home a paycheck. This paycheck is used to pay for food, utilities, clothing, education, and many other things. Yet, none of these expenses are more important and influential in a person’s life than a home.

The only way to truly protect yourself against cruel and greedy landlords is to know your rights. The Housing Court has always traditionally been in favor of landlords in many ways. During a time when the Housing Court cannot be depended upon to enforce tenant’s rights by manipulating rent regulation laws, rents are skyrocketing and fueling greedy landlords. Additionally, the practice of the courts reaching resolutions faster, as a result of flooded Housing Courts, often trounces tenants. Landlords have bottomless pockets and have deeply rooted political influence.

To protect your rights, you must know your rights. Most tenants don’t know their rights. Don’t be one of them. If you don’t know your rights, there is nothing to keep you from being taken advantage of. However, knowing your rights is NOT a substitute for hiring an experienced Tenants’ attorney to negotiate on your behalf.

Hire a Tenants’ attorney to represent you

If you want a fair trial, you need to hire a Tenants’ attorney. Most likely, your landlord will bring a well-seasoned, knowledgeable expert to defeat you. Landlord Tenant Law is very complex and it’s too easy to be pushed around Housing Court to be lost and without a lawyer. There are innumerable traps which can mislead you into giving up your rights.

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Only hire a Tenants’ attorney for a Landlord Tenant case

Lawyers who do not typically practice Landlord Tenant law are not familiar with the intricacies of Landlord Tenant law. Don’t hire a criminal, divorce, or corporate lawyer to represent you in Housing Court – this can hurt you more than help you. Even attorneys who practice real estate law are often unfamiliar with the complexity and loopholes of Landlord Tenant law.

You can’t be convicted without a Court process  

If a landlord tries to evict you without bringing you to court, it is called “self-help” – and it’s 100% illegal. A self-help eviction without going to court potentially makes your landlord liable to reimburse you for triple the amount of any costs you sustained. An example of self-help eviction is your landlord changing your locks. If over the next few days you stay in a hotel, must buy food, or use a phone as a result of being locked out, save all your receipts. At Housing Court, your attorney can argue that your landlord used self-help to evict you and show proof of expenses you incurred as a result.

If your landlord tells you to leave, don’t panic. Tell your landlord that only the Court can order you to leave. Only the City Marshall or Sheriff has the legal right to take possession of your apartment without your permission - and only with a court order. The City Marshall or Sheriff is required to give you written notice so you can go to court and get an “order to show cause” to stop the eviction. 

Protecting your rights begins by knowing your rights - Check soon back for part 2