Power in the Court: Legal Argumentation and the Hierarchy of Credibility in Eviction Hearings

Abstract

Existing research shows that tenants are disadvantaged in eviction proceedings, but studies have provided an incomplete account of the way court procedures and practices work together to produce systematic disadvantage. We draw on legal aid attorneys’ accounts of eviction hearings—particularly how courts establish whether and how much rent is owed—to show how hearings routinely result in judgments in favor of plaintiffs even when tenants have a legal defense. We argue that there is a hierarchy of credibility in how courts evaluate landlords’ claims for possession of a rental property due to nonpayment of rent. In demonstrating the way legal claims are embedded within and shaped by wider courthouse practices, the study highlights the importance of legal representation for tenants facing eviction and suggests that courts play a role in the maintenance of exploitative rental markets by failing to penalize landlords for inaccurate charges.