My Landlord is trying to evict me in housing court, now what?

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Being at threat of eviction is terrifying. Home is stability, it’s privacy, it’s such a big part of who we are, because so much of ourselves is engraved in it.

When the “Lord of the Land” intends to rob you of your core and your sanctuary, you become on the verge of losing a piece of yourself. That is where the fight for your home starts… Welcome to housing court!

You are now considered a “respondent” in court. At best, a “tenant” at worst a “licensee” or a “squatter”. This daunting feeling of distress and apprehension you are starting to sense, only marks the beginning of the challenging venture that awaits you. Being sued in housing court is a dehumanizing process. It is stressful and extremely difficult to navigate. The judges, attorneys, and other agents involved are at work, doing their job, meanwhile your life is on the table. There are rules, and processes to follow, a complex and unfamiliar jargon, on top of an unlimited amount of laws, regulations and case law that will dictate what lies ahead.

If you go in there pro-se, meaning that you are unable or unwilling to retain an attorney, please know that the system is designed to make you fail, but it isn't impossible for you to prevail. You can win this fight. If not, you may manage to get out of this situation somewhat on your terms. You may be able to mitigate your loss, and that in itself, in housing court, is to be considered a win.

But first things first, you have to start by asking yourself, what is it that I want? Do not go in there blindly because you think it’s a hopeless battle. You have to strategize. What is the most important, in this instant? What are you willing to lose? What can’t you compromise on? You may think that you are stuck and have no control over this lawsuit, but you always have options. No matter how trapped you think you are, there are still choices you can make.

Let’s start with the legal battle itself. Obviously you didn’t choose to be sued, but you most likely have the option to decide whether or not you want to face this. Do you want to fight? Are you physically, emotionally, and mentally able to go through this litigation? Many people decide not to, and vacate their apartment as soon as they are served with legal papers. They are unwilling to face the stress of uncertainty, and decide to take control in choosing not to face a potentially draining legal proceeding. They may end up moving with families, friends, or in a shelter. This is evidently not the most exciting choice, but it is still a choice, and there will be many more for you to make along the way.

So what is it that you want? What is the most important? Do you want to fight for your home? Are you willing and able to do that? Are you trying to stay in this apartment for as long as possible, save money and move away? Maybe you don’t really care for this place, in which case you may want to negotiate a buyout? How much money do you want to secure before moving out? Do you want time or do you want money? Do you want to stay as long as possible, or leave as soon as you can?

You may not have created this situation for yourself, but you have the power to decide what you can preserve within the extent possible. You should try to sit down and write what comes to mind as your priority. Is it to protect your children from the stress of a court case? Is it to defend your rights and stand up for yourself? Is it to save money? Is it to keep this long lost affordable apartment in the family? Breathe, sit down, and write what matters the most right now, and for the near future… From this set of priorities, you can pinpoint choices, and start establishing your legal strategy.

Check out the other articles of this series too if you can. I trust it may help form your strategy.

I hope it helps, don’t give up on yourself. You have rights, claim them!