When is it possible to negotiate or fight an eviction?

Whether you are speaking of commercial foreclosure evictions or evictions from residential property, there may be some room for negotiation in the eviction process.

First off, evictions are not an instant remedy. The process takes months and the paperwork has to be in order before one can happen. If the eviction is for unpaid rent, the tenant has to be given notice of the delinquency. If this doesn't happen, the judge is not going to allow an eviction to proceed.

Second, if property standards are not up to the required codes under law the tenant is not required to continue paying rent as long as the unacceptable conditions are present. This is legally known as a constructive eviction. The tenant is essentially forced from the rental property or can no longer continue to operate a commercial enterprise because of the landlord's failure to properly maintain the building.

An eviction could be negotiated or fought if the matter falls into one of these scenarios. The tenant can point out that notice of unpaid rent was never received or that there are housing or other applicable code violations that need to be taken care of. If the landlord does not do these things and chooses to continue to pursue an eviction, the judge is likely to stop the eviction process and/or insist that the landlord and tenant attempt mediation with a court official first.

The tenant could also try to appeal to the landlord's needs with logical reasoning.