Q: I have trial for an Eviction this Thursday. Is it possible to go to trial and ask for motion to set aside the day of?
I am the defendant in eviction court because I have been asked to leave without reason. The landlord has stated that the lease expired and owner did not want to continue a lease. I stayed because I have no home if she makes me leave and I need a valid reason if I am to become homeless. How do I proceed on Thursday at trial without representation?
A: Your best move would be to have reviewed everything with an attorney - a single visit would likely evaluate your likelihood of success - before going to court. IF the landlord has an attorney and you do not, you are particularly at a disadvantage. That said, during the pandemic, there are very limited rights for landlords to refuse to renew expiring leases and they have to provide adequate written notice terminating a tenancy. But IF they did everything right, and had the legal right, then they are likely to prevail. The fact that you have no where else to move to is NOT a valid legal defense - it is the tenant's problem, not the landlord's. Good luck.
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