Except where noted, the amount of notice a landlord must give to increase rent or change another term of the rental agreement in a month-to-month tenancy is the same as that required to end a month-to-month tenancy. Be sure to check state and local rent control laws, which might have different notice requirements. Also, keep in mind that some states might allow landlords to provide less notice to tenants who have not paid rent or have otherwise violated the lease or rental agreement.
This chart also lists how much notice tenants have to give to end a month-to-month tenancy (this is typically the same amount of notice landlords must provide).
Read your state statute for the specific rules in your state. The citation is provided here, and you can visit the Library of Congress's legal research site for links to state statutes.
In contrast to rental agreements, fixed-term leases usually obligate landlords and tenants to comply with the lease for the entire lease term (typically one year), except in specific cases—for example, if the landlord wants to end the lease because tenant fails to pay rent or the tenant wants to break the lease because the landlord fails to provide habitable housing.
Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • District of Columbia • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming
Last update: December 18, 2023
]]>You can take steps to stop or delay eviction when you receive a termination notice. Even when your landlord has already filed an eviction lawsuit, there might still be ways to postpone or even prevent eviction.
The laws in your area might refer to a termination notice as an eviction notice, a notice to cure or quit, a notice to pay rent or quit, a notice to quit, or an unconditional notice to quit. No matter the name, the notice means that your landlord wants to end your tenancy.
Your landlord must closely follow the applicable state statutes or local ordinances about serving the notice. These laws state what type of notice is appropriate, as well as how your landlord must send it to you, whether it be by certified mail, hand delivery, or posting it on the door of the rental unit. Your landlord will likely send you one of the following types of notices:
Once you’ve received an eviction notice, you can prevent your landlord from filing an eviction lawsuit by taking one (or more) of the following actions:
If you don’t cure or move out by the deadline in the eviction notice, your landlord can file an eviction lawsuit. In order to delay or stop the eviction at this point, you will need to present evidence to the court as to why your landlord can’t legally evict you.
Carefully examine all documents you receive to determine what the landlord is demanding in the lawsuit. If you disagree with what’s stated in the documents, let the court know, and present evidence supporting your position. You will also need to tell the court about any of the following defenses to eviction if they apply in your situation:
If the court sides with your landlord and orders an eviction, you have the right to appeal the ruling. You might consider appealing if, for example, you believe the court made an error or you discover further evidence to support your case. In many states, the time in which to appeal is quite short, but state laws differ. Most of the time, when you appeal an eviction order, your case will be heard de novo, meaning you’ll appear before a new judge and get a second trial, without the new court reviewing or considering the small claims court’s decision. Appealing will delay any physical eviction.
If your landlord prevails at the hearing in small claims court and you don’t appeal, your landlord will then have to request a writ of possession from the clerk of court. A writ is simply an order by the court, and, in eviction actions, a writ of possession is an order to law enforcement to remove the tenant and the tenant’s personal property from the rental premises. Depending on how busy the courts and law enforcement are, it could take months before a deputy is ordered to evict a tenant on a certain date. You can remain in the rental until law enforcement physically removes you, but keep in mind that you’ll be responsible for paying the rent until the day you’re kicked out.
Each state has its own body of landlord-tenant laws regarding the legal topics discussed above. These laws are found in the state’s statutes, which you can find on the Library of Congress’ website. Always check your state’s statutes before deciding on a plan of action if you receive a notice of eviction or are to appear at an eviction hearing. You’ll also want to check your local ordinances—Municode.com can be a good place to start your legal research. Also, many states have legal aid offices that offer assistance to tenants going through the eviction process—search online for your city’s or state’s name and “tenant assistance.”
Nolo also has a comprehensive list of legal resources for tenants, along with information about how to find legal aid and pro bono representation.
]]>State laws contain detailed requirements for landlords who want to end a tenancy. Each state has its own procedures as to how termination notices and eviction papers must be written and delivered to the tenant ("served"). Landlords must follow state rules and procedures exactly or risk having their case thrown out of court.
Although terminology varies somewhat from state to state, when you violate your rental agreement or lease in some way, you'll likely receive one of the following types of termination notices:
Even when you haven't violated the rental agreement and have not been late paying rent, a landlord can probably ask you to move out at any time (assuming you don't have a fixed-term lease) as long as the landlord gives you a long enough notice period.
For example, if you have a month-to-month rental agreement, in most states your landlord can give you a 30-Day Notice to Vacate to terminate a tenancy—even if you've been an ideal tenant. (The length of the required notice might be slightly longer or shorter in some states.)
Following receipt of a termination notice, if you haven't moved out or fixed the lease or rental agreement violation, the landlord must properly serve you with a summons and complaint for eviction in order to proceed with the eviction.
The court will set a date and time for a hearing or trial before a judge. You must show up to this hearing. If you don't, the judge will likely rule against you, even if you have a possible defense to the eviction.
If you do get hauled into court, you might be able to present a defense to the court and diminish the landlord's chances of victory. Perhaps you can point to shoddy paperwork in the preparation of the eviction lawsuit. Or maybe the landlord's illegal behavior, such as not maintaining the rental property in habitable condition, will serve as a good defense, as would a claim that the eviction lawsuit is in retaliation for your insistence on needed, major repairs.
Even if the landlord wins the eviction lawsuit, the landlord can't just move you and your things out onto the sidewalk. Landlords must give the court judgment to a local law enforcement office, along with a fee. A sheriff or marshal gives you a notice that the officer will be back within a few days to escort you off the property. At that point, it's best to acknowledge defeat and leave on your own steam.
If you're a renter and want more information on evictions, see Every Tenant's Legal Guide.
]]>Landlords in every state must follow specific rules and procedures when evicting a tenant, and must not take the law into their own hands. Examples of illegal “self-help” evictions include changing the locks, taking the tenant’s belongings, removing the front door, or turning off the heat or electricity. Many states specify how much money a tenant can sue for if the landlord has tried to illegally evict the tenant through some sort of self-help measure. Some state laws also provide for tenant's court costs and attorneys' fees (if the tenant successfully sues the landlord), and might give the tenant the right to stay in the rental unit.
Read your state statute for the specific rules in your state. The citation is provided here, and you can visit the Library of Congress's legal research site for links to state statutes.
Consequences of Self-Help Evictions |
||||
State |
Amount Tenant Can Sue For |
Statute Provides for Tenant’s Court Costs & Attorneys’ Fees |
Statute Gives Tenant the Right to Stay |
Statute or Legal Authority |
Alabama |
Three months' rent or actual damages, whichever is greater. If tenant elects to terminate the lease, landlord must return entire security deposit and all unearned prepaid rent. |
Yes |
Yes |
Ala. Code § 35-9A-407 |
Alaska |
One and one-half times the actual damages. If tenant elects to terminate the lease, landlord must return all prepaid rent and security deposits. Tenant can sue for attorneys' fees but not court costs. |
Yes |
Yes |
Alaska Stat. §§ 34.03.210; 34.03.350 |
Arizona |
Two months' rent or twice the actual damages, whichever is greater. If tenant elects to terminate the lease, landlord must return all security deposit and prepaid rent. |
Yes |
Yes |
Ariz. Rev. Stat. §§ 33-1364; 33-1367 |
Arkansas |
Self-help evictions are not allowed, but it’s up to the court to determine damages. |
N/A |
N/A |
Gorman v. Ratliff, 712 S.W. 2d 888 (1986) |
Actual damages plus $100 per day of violation ($250 minimum). Tenant may ask for an injunction prohibiting any further violation during the court action. |
Yes |
Yes |
Cal. Civ. Code § 789.3 |
|
Colorado |
Tenant may bring a civil action to prevent further violations and to recover damages, costs, and reasonable attorneys' fees. If a violation is found, the tenant will receive an award of their actual damages, costs, and attorneys' fees, plus the higher amount of either 3 times the monthly rent or $5,000. |
Yes |
Yes |
Colo. Rev. Stat. § 38-12-510 |
Connecticut |
Double actual damages. Landlord may also be prosecuted for a misdemeanor. |
Yes |
Yes |
Conn. Gen. Stat. §§ 47a-43, 47a-46, 53a-214 |
Delaware |
Triple damages or three times the daily rent for time excluded, whichever is greater. Tenant may recover court costs, but not attorneys’ fees. |
Yes (cost of suit only) |
Yes |
Del. Code tit. 25, § 5313 |
District of Columbia |
Actual and punitive damages. |
N/A |
N/A |
Mendes v. Johnson, 389 A.2d 781 (D.C. 1978) |
Florida |
Actual damages or three months’ rent, whichever is greater. |
Yes |
No |
Fla. Stat. § 83.67 |
Georgia |
Landlord may not resort to self-help evictions. Damages are determined by the court. |
N/A |
N/A |
Forrest v. Peacock, 363 S.E. 2d 581 (1987), reversed on other grounds, 368 S.E.2d 519 (1988) |
Hawaii |
Two months’ rent or free occupancy for two months (tenant must have been excluded ”overnight”). Court may order landlord to stop illegal conduct. |
Yes |
Yes |
Haw. Rev. Stat. § 521-63(c) |
Idaho |
Three times the amount of actual damages. |
Yes |
N/A |
Schlegel v. Hansen, 570 P.2d 292 (Idaho Sup. Ct. 1977); Riverside Dev. Co. v. Ritchie, 650 P.2d 657 (Idaho Sup. Ct. 1982); Idaho Code §§ 6-317 and 6-324 |
Illinois |
One month's rent for every month without utility service (partial months prorated), plus consequential damages. If termination resulted from deliberate or reckless indifference or disregard for tenant's rights, or bad faith, court may award each tenant $300 or (when multiple tenants have been affected), the sum of $5,000 divided by the number of affected tenants, whichever is less. |
No |
Yes |
735 Ill. Comp. Stat. §§ 1.4, 2.1; U.S. v. White, 541 F.Supp. 1181 (N.D. Ill. 1982) (held that a tenant who has been subject to a self-help eviction remains entitled to possession of the premises). |
Indiana |
Statute doesn’t specify damages. |
No |
No |
Ind. Code § 32-31-5-6 |
Iowa |
Actual damages, plus punitive damages up to twice the monthly rent and attorneys' fees. If tenant elects to terminate the lease, landlord must return all prepaid rent and security deposits. |
Yes |
Yes |
Iowa Code § 562A.26 |
Kansas |
Actual damages or one and one-half months' rent, whichever is greater. If the rental agreement is terminated, the tenant is entitled to the return of security deposit. |
No |
Yes |
Kan. Stat. § 58-2563 |
Kentucky |
Three months' rent. Tenant may also recover reasonable attorneys' fees. If tenancy is terminated, the landlord must return prepaid rent. |
Yes |
Yes |
Ky. Rev. Stat. § 383.655 |
Louisiana |
Landlord may not resort to self-help evictions. Damages are determined by the court. |
N/A |
N/A |
Weber v. McMillan, 285 So.2d 349 (1973) |
Maine |
Actual damages or $250, whichever is greater. The court may award costs and fees to landlord if it finds that the tenant brought a frivolous court lawsuit or one intended to harass. |
Yes |
No |
Me. Rev. Stat. tit. 14, § 6014 |
Maryland |
Actual damages, reasonable attorneys' fees and costs. |
Yes |
No |
Md. Code Real Prop., § 8-216 |
Massachusetts |
Three months’ rent or three times the actual damages. |
Yes |
Yes |
Mass. Gen. Laws ch. 186, § 15F |
Michigan |
Up to three times actual damages or $200, whichever is greater. |
No |
Yes |
Mich. Comp. Laws § 600.2918 |
Minnesota |
Treble damages or $500, whichever is greater, and reasonable attorneys' fees. Landlord might also be found guilty of a misdemeanor. |
Yes |
Yes |
Minn. Stat. §§ 504B.225; 504B.231; 504B.375 |
Mississippi |
Landlord may not resort to self-help evictions unless lease gives landlord the right to remove the tenant and take position of the premises without notice. |
N/A |
N/A |
Bender v. North Meridian Mobile Home Park, 636 So.2d 385 (Miss. Sup. Ct. 1994) |
Missouri |
A landlord who wrongfully removes a tenant or tenant's property from rental, or who changes the locks, is guilty of forcible entry and detainer. Court will determine damages. |
N/A |
N/A |
Steinke v. Leight, 235 S.W.2d 115 (1950); Mo. Stat. § 441.233 |
Montana |
Three months' rent or three times the actual damages, whichever is greater, along with all security deposits and prepaid rent recoverable. |
Yes |
Yes |
Mont. Code §§ 70-24-411; 70-24-442 |
Nebraska |
Up to three months' rent and reasonable attorneys' fees. If tenancy is terminated landlord shall return all recoverable security deposit and prepaid rent. |
Yes |
Yes |
Neb. Rev. Stat. § 76-1430 |
Nevada |
Actual damages, an amount up to $2,500 to be fixed by the court, or both. If tenant elects to terminate rental agreement or lease, landlord must return all prepaid rent and any security deposit that is recoverable under law. Tenant might be entitled to court costs. |
Yes |
Yes |
Nev. Rev. Stat. § 118A.390 |
New Hampshire |
Actual damages or $1,000, whichever is greater; if court finds that landlord knowingly or willingly broke the law, two to three times this amount. (Amount might also vary depending on the situation.) Each day that a violation continues is a separate violation. Court may order a tenant who brings a frivolous suit or one intended to harass to pay landlord's costs and fees. |
Yes |
Yes |
N.H. Rev. Stat. §§ 540-A:3, 540-A:4, 358-A:10 |
New Jersey |
Self-help is prohibited, and landlord who engages in self-help is a “disorderly person,” a criminal offense that subjects the landlord to up to six months in jail. |
No |
No |
N.J. Stat. §§ 2A:39-1, 2C:43-8 |
New Mexico |
A prorated share of the rent for each day of violation, actual damages, and civil penalty of twice the monthly rent. |
Yes |
Yes |
N.M. Stat. § 47-8-36 |
New York |
Three times the actual damages. Violations are misdemeanors, and landlords are subject to civil penalties of $1,000 to up to $10,000. |
No |
Yes |
N.Y. Real Prop. Acts. Law §§ 768, 853 |
North Carolina |
Actual damages. |
No |
Yes |
N.C. Gen. Stat. § 42-25.9 |
North Dakota |
Triple damages. |
No |
No |
N.D. Cent. Code § 32-03-29 |
Ohio |
Actual damages. Tenant can sue for attorneys' fees but not court costs. |
Yes |
No |
Ohio Rev. Code § 5321.15 |
Oklahoma |
Twice the average monthly rental or twice the actual damages, whichever is greater. |
No |
Yes |
Okla. Stat. tit. 41, § 123 |
Oregon |
Two months' rent or twice the actual damages, whichever is greater. If the rental agreement is terminated, the landlord shall return all security deposits and prepaid rent recoverable under the state security deposit law. |
No |
Yes |
Or. Rev. Stat. § 90.375 |
Pennsylvania |
Self-help evictions are not allowed, but no specific penalties are provided (it’s up to the court to determine damages). |
N/A |
N/A |
Wofford v. Vavreck, 22 Pa. D. & C.3d 444 (1981); Kuriger v. Cramer, 498 A.2d 1331 (1985) |
Rhode Island |
Three months' rent or three times the actual damages, whichever is greater. Tenant can sue for attorneys' fees but not court costs. If the rental agreement is terminated the landlord must return all prepaid rent and security deposit recoverable under state security deposit law. |
Yes |
Yes |
R.I. Gen. Laws § 34-18-34 |
South Carolina |
Three months' rent or twice the actual damages, whichever is greater. Tenant can sue for attorneys' fees but not court costs. |
Yes |
Yes |
S.C. Code § 27-40-660 |
South Dakota |
Two months’ rent. If tenant elects to terminate the lease, landlord must return entire security deposit. |
No |
Yes |
S.D. Codified Laws § 43-32-6 |
Tennessee |
Actual and punitive damages. If tenant elects to terminate the lease, landlord must return entire security deposit. Tenant can sue for attorneys' fees but not court costs. |
Yes |
Yes |
Tenn. Code § 66-28-504 |
Texas |
A civil penalty of one month’s rent plus $1,000, actual damages, court costs, and reasonable attorneys' fees. |
Yes |
Yes |
Tex. Prop. Code §§ 92.008, 92.0081, 92.009 |
Utah |
Self-help evictions are not allowed, but no specific penalties are provided. |
No |
No |
Utah Code § 78B-6-814 |
Vermont |
Unspecified damages, plus court costs and attorneys' fees. Court may award costs and attorneys' fees to landlord if the court finds that the tenant brought a frivolous lawsuit or one intended to harass. |
Yes |
Yes |
Vt. Stat. tit. 9, §§ 4463, 4464 |
Virginia |
Actual damages, reasonable attorneys' fees, and the greater of either $5,000 or 4 months rent. |
Yes |
Yes |
Va. Code § 55.1-1243.1 |
Washington |
Actual damages. For utility shut-offs only, actual damages and up to $100 per day of no service. Court may award costs and attorneys' fees to the prevailing party. |
Yes |
Yes |
Wash. Rev. Code §§ 59.18.290, 59.18.300 |
West Virginia |
No cases or statutes on point, but see Renters' Rights Brochure from the Office of the West Virginia Attorney General. | |||
Wisconsin |
Self-help evictions are prohibited. The court will determine damages. |
No |
No |
Wis. Adm. Code ATCP § 134.09(7) |
Wyoming |
No cases or statutes on point. |
Updated: January 13, 2023
]]>The CDC's Eviction Ban Is No Longer in Place. The Alabama Association of Realtors, along with other plaintiffs, challenged the validity of the Centers for Disease Control and Prevention (CDC)'s August 3, 2021 Agency Order halting evictions in areas with high COVID-19 transmission rates (Order).
The U.S. District Court for the District of Columbia (District Court) agreed with the plaintiffs that the Order was unlawful, but stayed (put on hold) its decision, leaving the Order in place.
The plaintiffs then asked the U.S. Supreme Court to lift (vacate) the District Court's stay of its decision, which would result in the eviction ban created by the Order ending. On August 26, 2021, the Supreme Court granted the plaintiffs' request to vacate the District Court's stay.
As a result of the Supreme Court's August 26, 2021 decision, the CDC's eviction ban is no longer in place.
The government-backed mortgage buyers Freddie Mac and Fannie Mae (FHFA) have prohibited landlords of multifamily properties with Freddie Mac- and Fannie Mae-backed mortgages from evicting tenants. For the most current details on the FHFA's tenant protections, see the Consumer Financial Protection Bureau's information for renters in multifamily housing.
The chart below attempts to capture the latest information on coronavirus-related tenant protections by state. Please note that this information changes frequently, and the chart might not reflect all current protections. For the best information about the status of evictions where you live, check your state's judicial system or governor's website. You can also contact a legal aid organization in your area.
In the chart, click on the state's name to be directed to its official COVID-19 website.
State | County or City | Hold On Evictions | Hold on Utility Shutoffs | Other Tenant Protections/Notes |
---|---|---|---|---|
No | No |
-Alabama's emergency rental assistance program. -Visit ALtogether to find resources for assistance in Alabama. -Alabama's Coronavirus Relief Fund. |
||
No | No | -See the Regulatory Commission of Alaska's COVID-19 utility information page.
-Information for renters about 2022 rent relief programs. |
||
No | No |
-Arizona Corporation Commission's ban on utility disconnects has ended, but many providers are extending the hold on disconnects and are offering assistance to customers. Check with your provider. -Resources for individuals in Arizona. -Arizona utility assistance programs. |
||
Arkansas |
No | No | ||
(local ban information) | No | No |
-Until June 30, 2022, California prohibited landlords from evicting tenants who earn less than 80% of the area median income and who had submitted a completed application for rental relief before March 31, 2022. The ban has ended, and tenants who applied for rental relief before March 31 can now be evicted. -Some cities and counties still have eviction bans in place. See California Eviction Moratorium (Bans) and Tenant Protections for more information. -The CPUC's website has details about consumer protections relating to utilities during the COVID-19 outbreak. |
|
No | No |
-COVID-19 Eviction Defense Project -You can get current information about utility assistance programs on the PUC's website. -Colorado's Emergency Housing Assistance Program (EHAP). |
||
No |
No |
-Connecticut's UniteCT (emergency rental assistance program). |
||
No |
No | |||
No |
No |
-The city council has passed permanent tenant protection laws. -Low-income renters might be eligible for D.C.'s Emergency Rental Assistance Program (ERAP). |
||
No | No |
-Florida Housing's COVID-19 Information and Resources. |
||
No | No |
-Georgia Rental Assistance Program. -Georgia utility assistance programs. |
||
No | No |
-Resources for emergency rental assistance in Hawaii. |
||
No | No |
-Idaho emergency rental assistance. -Landlords and tenants in Ada County who are involved in an eviction for nonpayment of rent will be invited to negotiate an agreement through an online portal. -For financial and other assistance, the Idaho Public Utilities Commission has a county-specific resource guide. |
||
No |
No |
-Tenants and landlords might be able to get assistance through the Illinois Rental Payment Program (ILRPP). |
||
No | No | |||
Iowa |
No | No |
-Iowa Rent and Utility Assistance Program. -Rent and utility assistance for residents of Polk County and the City of Des Moines. |
|
No |
No |
-Kansas Emergency Rental Assistance (KERA). |
||
No |
No |
-Kentucky's Healthy at Home Eviction Relief Fund. |
||
No |
No |
-Louisiana's Emergency Rental Assistance Program. -For information on utilities, visit the Louisiana Public Service Commission's website. -Louisiana Law Help is regularly updating its website with COVID-19 information for Louisiana residents. |
||
No | No |
-Maine's Emergency Rent Relief Program. |
||
No |
No |
-Maryland's Emergency Rental Assistance Program. |
||
No |
No |
-Information and resources for renters and landlords. -Massachusetts state resources for renters. -For utility information, see the DPU list of utility assistance resources. |
||
No | No |
-See Michigan's COVID Emergency Rental Assistance (CERA) for information about rental assistance. |
||
No | No |
-Information about utility assistance. |
||
No | No | |||
No | No | |||
No | No |
-Renters can seek relief from the Montana Emergency Rental Assistance program. -Visit the Montana Public Service Commission's website to locate your utility service provider's website and find out about status. |
||
No | No |
-Nebraska emergency rental assistance program. -More information and resources available from Nebraska Legal Aid. |
||
No | No |
-Tenants might be able to delay eviction by showing proof that they have applied for rental assistance. See the Legal Aid Center of Southern Nevada's website for more information. |
||
No | No | |||
No |
No |
-See New Jersey Eviction Moratorium Information + Question Form for information on how to prevent an eviction. -New Jersey emergency rental assistance program. -New Jersey utility assistance programs. |
||
No | No | |||
No |
No |
-New York emergency rental assistance program. -See DPS's website for FAQs and information about utilities. -Apply for New York Heating and Cooling Assistance (HEAP) program here. |
||
No |
No | |||
No | No | |||
No | No |
-Ohio Home Relief Grant (for landlords and tenants). -Ohio Public Utilities Commission's information on utility plans. |
||
No | No | |||
No | No |
-Oregon emergency rental assistance. -Information about utilities in Oregon. |
||
No |
No |
|||
No | No | |||
No | No |
-South Carolina SCStay program (COVID-19 housing assistance). -SC Housing's list of resources for rental assistance. |
||
No | No |
-South Dakota CARES Housing Assistance Program. -Check South Dakota PUC website for resources related to utilities. |
||
No | No |
-Tennessee Housing Development's list of energy assistance programs for renters. -Tennessee Office of the Courts' list of eviction resources. |
||
No | No |
-The Texas Supreme Court extended some renter protections through December 31, 2022. -TXU Energy is offering customer support resources. |
||
No | No |
-Utah Home Energy Assistance Target (HEAT) Program. -Utah Housing Assistance Program. |
||
No | No |
-See Vermont Legal Aid's website for details about evictions in Vermont. |
||
No |
No | |||
No | No |
-Washington Utilities and Transportation Commission's information on COVID-19 utility assistance. -Washington mortgage relief and assistance information. |
||
No | No |
-Legal Aid of WV's COVID resources page. |
||
Wisconsin | No |
No |
-Wisconsin Rental Assistance Program. |
|
No | No |
-Wyoming Emergency Rental Assistance Program. |
Updated: December 19, 2022
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Illinois, you could receive one of four types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period in the eviction notice runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Illinois, see The Eviction Process in Illinois. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent, then your eviction notice will state how long you have to pay rent before the landlord can terminate the lease. If you comply with the eviction notice by paying all the rent due and owing, then, in Illinois, the landlord must not proceed with the eviction (see 735 Ill. Comp. Stat. § 5/9-209).
If you are not able to pay rent within five days, then you should talk to your landlord. For example, if you can’t pay the rent in full within five days but you could within a few days, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. The paperwork will inform you of the reason your landlord is evicting you and give you the date and time for a hearing before a judge. If you choose, you can file an answer in response to your landlord’s complaint (see Ill. Rules on Civ. Pro. 181(b)(2)). An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord shutting off your utilities to force you to move out. In Illinois, “self-help” procedures such as these are illegal. If the landlord has tried to force you to move out of the rental unit, then you might be able to use this as a defense against the eviction (see 765 Ill. Comp. Stat. § 735/1.4). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Illinois. You should also contact a lawyer to ensure you are using the best defenses available.
You are not required to file an answer in Illinois. However, if you want to try to postpone or stop the eviction, then you must attend the hearing. At the hearing, you will have the opportunity to present evidence and defend against the eviction. After listening to both you and the landlord, the judge will consider both sides of the argument and make a decision.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In New York, you could receive one of three types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in New York, see The Eviction Process in New York. Note that eviction laws and rules may be different depending on whether your rental unit is located within New York City or outside the city, and whether the property is rent regulated or not. For further information or questions, contact a lawyer or a landlord trade group such as the Rent Stabilization Association of New York City. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before filing.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent, then your eviction notice will let you know how much you owe and when it is due to the landlord. If you comply with the eviction notice by paying all the rent due and owing, then, in New York, the landlord must not proceed with the eviction (see N.Y. Real Prop. Acts § 711(2)).
If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, your eviction notice for failure to pay rent will state that you have three days to pay rent in full. If you can’t pay the rent in full within three days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. It is important that you read through this paperwork very carefully. It will have instructions in it regarding what your next steps are. You might be required to file certain paperwork, such as an answer, before attending a scheduled hearing before a judge. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord not maintaining the rental unit. In New York, a rental unit is required to have working heat and running water, among other things. If the landlord fails to maintain the rental unit, then you might be able to use this as a defense against the eviction (see N.Y. Real Prop. Law §§ 235 and 235-b). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in New York. You should also contact a lawyer to ensure you are using the best defenses available to you.
A hearing will also be scheduled before a judge. You must attend this hearing. At the hearing, the judge will consider both sides of the argument and make a decision regarding the eviction.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>A Notice to Quit is a document delivered by the landlord to the tenant notifying the tenant in writing he or she must move out of the property by a certain deadline.
There are several reasons why a Notice to Quit may be used:
The Notice to Quit must include the name of the landlord; name(s) of the tenant(s); address of the rental property; and reason for the notice, such as tenant failure to pay rent for a specific time period or for some other violation of the lease. A Notice to Quit for nonpayment of rent should include the amount of rent due; the method and location to make payment; the deadline (a specific date) by which the tenant must move out or pay rent due; and a statement that the landlord may pursue legal action if the tenant does not meet the demand of the Notice to Quit.
In the case of nonpayment of rent, a tenant is given the option of paying the rent or moving out by a specified date; for lease or rental agreement violations, the tenant’s only option is to move out by the deadline specified in the notice.
The landlord should keep a copy of the Notice to Quit as it may be needed for further action in court if the tenant does not comply with the demands contained in the Notice to Quit.
The deadline by which the tenant must move out (the date specified in the Notice to Quit) depends on the reason for the termination.
Pennsylvania law requires that the tenant be given 10 days from the date of service of the Notice to Quit to either pay the rent due or move out of the property. This deadline can be changed if previously agreed to by the tenant in the lease or rental agreement.
For lease or rental agreement violations, the landlord must give the tenant 15 days to move out (for lease terms of one year or less) or 30 days (for leases of one year or more).
In order to calculate the date of the deadline to include on the Notice to Quit, begin counting the required days starting with the day after the Notice to Quit is served on the tenant. The last counted day based on the required number of days is the final full day the tenant has to comply with the Notice to Quit. The day following that final day is the date the landlord can officially take court action against the tenant, if needed.
For example, say on January 31 that the landlord serves the tenant with the Notice to Quit for nonpayment of rent. Since nonpayment of rent allows for the tenant to have 10 days to comply with the Notice to Quit, begin counting out 10 days starting on February 1. February 10 will be the last full day the tenant has to either pay the rent due or move out. If the tenant does not pay the rent due or move out on February 10, then on February 11 the landlord can file an eviction action against the tenant in court.
Notice may be served by three different methods:
Keep a written record of the method of service, whether or not it was served on a person, note the name of the person served or where it was posted at the home, the time of service, and the date of service.
If the tenant does not move out of the property by the deadline written on the Notice to Quit (or pay the rent due for a nonpayment of rent situation) the landlord must file a landlord and tenant complaint, also known as an eviction lawsuit, in court (in the magisterial district where the rental property is located) to force the tenant to move by a court order.
The Landlord and Tenant Act of 1951 outlines specific steps the landlord must take to properly serve the eviction complaint on the tenant so that a hearing will be set before a judge or magistrate.
A form for filing a landlord and tenant complaint may be found at http://www.pacourts.us/Forms. Select “For the Public,” scroll down the webpage to locate the “Landlord” heading and select the form titled “Landlord Tenant Complaint.”
The landlord should bring extra copies of the completed Landlord and Tenant Complaint form to the courthouse and expect to pay a filing fee to begin the eviction lawsuit process. The court clerk will process the landlord’s complaint and set the matter for a hearing. The landlord will need to serve the tenant with a copy of the complaint and the date of the hearing.
The hearing may result in a judgment granting delivery of the property to the landlord and a money judgment against the tenant for rent, damages, and costs. If the tenant continues to occupy the property even after the court issues an order for the tenant to move, an Order of Possession must be obtained by the landlord from the court whereby the tenant will be legally and physically evicted by a court officer or sheriff.
Special eviction rules apply to mobile home owners who lease or rent space in mobile home parks with three or more mobile homes. (See 68 Pa. Cons. Stat. Ann. § 250.501(c) and the “Mobile Home Rights Act” found at 68 PS 398.1 and following.) For example, landlords must give mobile home tenants who have violated a lease or rental agreement by failing to pay rent due 20 days to move out (when notice is given on or after April 1 and before September 1) or 30 days (when notice is given on or after September 1 and before April 1); this is more time than given tenants who violate a lease or rental agreement term in rental properties other than mobile home parks.
]]>If your landlord decides to evict you, you will first receive a written termination notice that states the reason for termination, as well as a time period to either fix the problem (if that’s an option) or move out of the rental unit. If you don’t comply with the notice by either fixing (curing) the problem or moving out by the deadline, your landlord can file an eviction lawsuit. In Virginia, you could typically receive one of four types of eviction notices, depending on the reason for the eviction:
You are not automatically evicted when the time period in the notice runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but keep in mind that you are responsible for paying rent until the day you move out of the unit.
Also, keep in mind that being evicted has negative consequences (aside from the obvious one of losing your place to live). An eviction will hurt your credit score, and could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Virginia, see The Eviction Process in Virginia. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy might not stop an eviction, though, and you should carefully consider other options first.
It’s understandable to feel panicked when you receive a notice to terminate. However, you need to take the time to read the document thoroughly and determine why your landlord wants you to leave. Even though you’ve received the notice, nothing is yet set in stone. Consider taking the following steps to postpone having to leave your property or to avoid being evicted.
When you receive a termination notice, talking to your landlord should be your first step in attempting to avoid eviction. Through discussing the situation, you might be able to come to an arrangement with your landlord without going to court. Landlords don’t like evictions, either: An eviction suit will cost both of you money (as well as time), and your landlord might be willing to not evict you if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement, perhaps you can come to a mutually acceptable date and time for you to move out, rather than the deadline provided in the termination notice.
If you and your landlord reach any kind of agreement, be sure to get it in writing. All tenants and the landlord should sign and date the agreement.
If your landlord is terminating your tenancy for nonpayment of rent or a lease violation, the reason will be stated in the notice. So long as the violation isn’t one that has occurred in the past or is uncurable, you might be able to avoid having to move out if you cure the violation. In Virginia, if you cure in a timely manner, your landlord cannot proceed with an eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Virginia, the landlord must not proceed with the eviction. (Va. Code Ann. § 55.1-1245 (2020).)
If you are not able to comply with the eviction notice within the time period stated in the notice, try talking with your landlord. For example, if you are being evicted for failure to pay rent, you will receive a five-day eviction notice. If you can’t pay the rent in full within five days, but you know you can pay by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to give you longer to cure the violation or pay rent, be sure to get the agreement in writing.
If you do not comply with the notice by curing the violation or moving out by the deadline, your landlord can file an eviction lawsuit with the court. You will receive a copy of the paperwork your landlord files. You need to carefully review this paperwork—it will contain information about your legal duties, as well as a date for a hearing on the matter. You might be required to file paperwork, such as an answer, with the court before attending the hearing. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord’s use of “self-help” eviction procedures to force you out of the rental unit. Consider consulting a local landlord-tenant attorney to ensure you are taking advantage of any and all defenses that might be available.
Regardless of whether you are required to file an answer with the court, you must attend the hearing. At the hearing, you will be able to present your defenses to the judge, and the judge will make a decision about the eviction. If you do not attend the hearing, it is likely the judge will automatically rule in the landlord’s favor.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and let the court know your situation. For example, if you have minor children living at home or health issues, the judge might not schedule the eviction right away—depending on the circumstances, some judges will give defendants a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
If you're a renter and want more information on evictions, see Every Tenant's Legal Guide, by Janet Portman and Marcia Stewart (Nolo).
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to move out of the rental unit. In Ohio, you could receive one of two types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Ohio, see The Eviction Process in Ohio. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you and your landlord are not able to reach an agreement, then your landlord can file an eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you can then file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord not making necessary repairs to the rental unit. In Ohio, a rental unit is required to have working heat and electricity, among other things. If the landlord fails to maintain the rental unit, then you might be able to use this as a defense against the eviction (see Ohio Rev. Code §§ 5321.04 and 5321.07). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Ohio. You should also contact a lawyer to ensure you are using the best defenses available to you.
You do not have to file an answer in Ohio. The court will assign a date for a hearing before a judge, and you can attend that hearing and present your defenses to the judge there. Whether you file an answer or not, you should attend the hearing. At the hearing, the judge will consider both sides of the case and make a decision. For more information on the eviction process in Ohio, see the landlord-tenant section of the Hamilton County court system.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Texas, you would generally receive one of two types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not move out of the rental unit by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the evictions in the state, see The Eviction Process in Texas. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
Keep in mind that, in Texas, your landlord is not required to stop the eviction if you pay your rent or fix a lease violation. Once the landlord gives you an eviction notice, the landlord can proceed with the eviction no matter what you do. Because of that, if you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you do not move out of the rental unit and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord evicting you in retaliation to something you did. In Texas, a landlord cannot evict you for exercising a legal right, such as asking the landlord to make necessary repairs at the rental unit (see Tex. Prop. Code Ann. § 92.331). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Texas. You should also contact a lawyer to ensure you are using the best defenses available to you.
The court will schedule a hearing where you and the landlord can present your cases to a judge. Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
For more information on the eviction process, see the Texas Tenant Advisor on evictions.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Nevada, you could receive one of four types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Nevada, see The Eviction Process in Nevada. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Nevada, the landlord must not proceed with the eviction (see NRS §§ 40.253 and 40.2516).
If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a five-day eviction notice. If you can’t pay the rent in full within five days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the rental unit needing necessary repairs. In Nevada, a rental unit is required to have working heat and electricity and running hot and cold water, among other things. If the landlord fails to maintain the rental unit, then you might be able to use this as a defense against the eviction (see NRS §§ 118A.290, 118A.355, and 118A.360). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Nevada. You should also contact a lawyer to ensure you are using the best defenses available to you.
You must file an answer if you wish to postpone or stop the eviction. If you do not file an answer, then the judge will rule in the landlord’s favor, and the eviction will proceed, most likely without a hearing. For more information on the eviction process, see Understanding the Eviction Process.
If you do file an answer, then a hearing will be scheduled. You must attend this hearing. At the hearing, the judge will consider both sides of the argument and make a decision.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In South Carolina, you could typically receive one of four types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in South Carolina, see The Eviction Process in South Carolina. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation within the appropriate time frame, then, in South Carolina, the landlord must not proceed with the eviction (see S.C. Code Ann. §§ 27-40-710 and 27-37-10).
If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a five-day eviction notice. If you can’t pay the rent in full within five days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. You must review this paperwork carefully. It will have information in it regarding an upcoming hearing and whether you need to file any paperwork, such as an answer, with the court before this hearing. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord not maintaining the rental unit. In South Carolina, a rental unit is required to have working heat and electricity and running hot and cold water, among other things. If the landlord does not make necessary repairs to the rental unit, then you might be able to use this as a defense against the eviction (see S.C. Code Ann. §§ 27-40-440, 27-40-610, 27-40-630, and 27-40-640). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in South Carolina. You should also contact a lawyer to ensure you are using the best defenses available to you.
Regardless of whether you are required to file an answer with the court, you must attend the scheduled hearing. At this hearing, the judge will listen to both you and the landlord and make a decision regarding the eviction. If you do not attend the hearing, it is very likely the judge will rule against you and the eviction will proceed.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Rhode Island, you could typically receive one of three types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Rhode Island, see The Eviction Process in Rhode Island. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Rhode Island, the landlord must not proceed with the eviction (see R.I. Gen. Laws §§ 34-18-35 and 34-18-36 ).
If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a five-day eviction notice. If you can’t pay the rent in full within five days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file an eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. You need to review this paperwork very carefully. It will have information in it regarding an upcoming hearing. You may be required to file some paperwork, such as an answer, with the court before attending this hearing. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord using “self-help” procedures to evict you. It is illegal for a landlord in Rhode Island to change the locks on your doors or shut off the utilities to the rental unit in an effort to get you to move out of the rental unit. This is often referred to as a “self-help” eviction, and if the landlord tries to do this to you, you may be able to use it as a defense against the eviction (see R.I. Gen. Laws § 34-18-34). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Rhode Island. You should also contact a lawyer to ensure you are using the best defenses available to you.
Regardless of whether you are required to file an answer with the court, you must attend the scheduled hearing. At the hearing, the judge will listen to both you and the tenant and make a decision regarding the eviction. If you do not attend the hearing, it is likely the judge will rule against you.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Delaware, you could typically receive one of three types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Delaware, see The Eviction Process in Delaware. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Delaware, the landlord must not proceed with the eviction (see Del. Rev. Stat. Ann. tit. 25 §§ 5502 and 5513).
If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a five-day eviction notice. If you can’t pay the rent in full within five days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file an eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. You need to review this paperwork carefully. It will have information in it regarding a hearing, or trial, before a judge. You may also need to file paperwork, such as an answer, before attending this hearing. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord discriminating against you. It is illegal for the landlord to evict you based on your race, religion, nationality, or other protected classes. If your landlord is evicting you based on one of these protected classes, then you may be able to use that as a defense to the eviction (see the Federal Fair Housing Act). You should also contact a lawyer to ensure you are using the best defenses available to you.
Regardless of whether you are required to file an answer with the court, you must attend the scheduled hearing before the judge. At the hearing, the judge will listen to both you and the landlord and make a decision regarding the eviction. If you do not attend the hearing, it is likely the judge will rule against you and the eviction will proceed.
For more information on the eviction process in Delaware, see the Help and Support website for the Delaware courts.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In North Carolina, you could receive one of three types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until then, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in North Carolina, see How to Evict a Tenant in North Carolina. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent, then your eviction notice will state how much you owe and how long you have to pay rent. If you pay all the rent due and owing within ten days of receiving the notice, then, in North Carolina, the landlord must not proceed with the eviction (see N.C. Gen. Stat. § 42-3).
If you are not able to pay the rent within the ten days allowed in the notice, then you should talk to your landlord. For example, if you can’t pay the rent in full within ten days but you could by the end of the month, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. You need to read through this paperwork carefully because you might be required to file paperwork of your own, such as an answer, before attending a hearing before a judge. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord evicting you in retaliation. In North Carolina, the landlord cannot evict you for exercising certain legal rights, such as complaining about unsafe living conditions. If the landlord is evicting you in retaliation to something you did, then you may be able to use this as a defense to the eviction (see N.C. Gen. Stat. § 42-37.2). For more ideas on possible defenses against an eviction, see Tenant Defenses to Eviction Notices in North Carolina. You should also contact a lawyer to ensure you are using the best defenses available to you.
Once all the necessary paperwork is filed, the court will schedule a hearing before a judge. You must attend this hearing and present any defenses you have. At the hearing, the judge will consider both sides of the case and make a decision.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and includes a time period to either comply with the notice, if possible, or move out of the rental unit. In California, you could receive one of four types of eviction notices, depending on the reason for the eviction:
It is important to note that an eviction is a legal proceeding, and you are not automatically evicted when the time period stated in the eviction notice runs out. If you did not comply with the eviction notice, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until then, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in California, see The Eviction Process in California. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before filing.
If you receive an eviction notice, you should first try talking to your landlord. Since an eviction will cost both of you money (as well as time), you may be able to come to an agreement without going to court. Your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord can agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in California, the landlord must not proceed with the eviction (see Cal. Code of Civ. Proc. § 1161).
If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for not paying rent, you will receive a three-day eviction notice. If you can’t pay the rent in full within three days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer or other written document (depending on your situation) in response to your landlord’s complaint. An answer is a document that allows you to deny statements in the landlord's complaint or allege new facts;it's where you need to put any defenses to the eviction, such as the landlord shutting off your utilities. In California, a landlord must not shut off the utilities to a rental unit in order to get a tenant to move out. If the landlord tries this, you can use this as a defense against the eviction (see Cal. Code of Civ. Proc. § 789.3). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in California. You should also contact a lawyer to ensure you are using the best defenses available to you.
You must file an answer or other legal document if you wish to postpone or stop the eviction. If you do not do so, then the judge will rule in the landlord’s favor, and the eviction will proceed. For more information on the eviction process, see the self-help section of the judicial branch of California. Also, the Nolo book, California Tenants' Rights, has detailed advice and forms for tenants faced with an eviction lawsuit.
If you do file an answer or other legal document, then a trial will be scheduled. You must attend this trial. At the trial, the judge will consider both sides of the argument and make a decision regarding the eviction.
Even if you don’t have any defenses against the eviction, you should still file the appropriate paperwork, attend the trial, and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. Instead, the judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Kansas, you could typically receive one of three types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Kansas, see The Eviction Process in Kansas. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction and give you a time frame to come into compliance. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Kansas, the landlord must not proceed with the eviction (see Kan. Stat. Ann. § 58-2564).
If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a three-day eviction notice. If you can’t pay the rent in full within three days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file an eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. You need to review this paperwork very carefully. It will have information in it regarding a hearing before a judge and let you know whether you need to file any paperwork, such as an answer, with the court before attending this hearing. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the rental unit needing necessary repairs. In Kansas, a rental unit is required to have working heat and electricity and running hot and cold water, among other things. If the landlord fails to maintain the rental unit, then you might be able to use this as a defense against the eviction (see Kan. Stat. Ann. § 58-2559). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Kansas. You should also contact a lawyer to ensure you are using the best defenses available to you.
Regardless of whether you are required to file an answer with the court, you must attend the scheduled hearing. At the hearing, the judge will consider both sides of the argument and make a decision. If you do not attend the hearing, it is very likely the judge will rule against you and the eviction will proceed.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>A landlord who decides to evict you will first send you a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Maine, you could typically receive one of three types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous rental.
For more information on the eviction process in Maine, see The Eviction Process in Maine. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent, then your eviction notice will state how much you owe and when it is due. If you comply with the eviction notice by paying all the rent due and owing, then, in Maine, the landlord must not proceed with the eviction (see Me. Rev. Stat. Ann. tit. 14 § 6002).
If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a seven-day eviction notice. If you can’t pay the rent in full within seven days but you could by the end of the month, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file an eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord evicting you based on discrimination. In Maine, it is illegal for a landlord to evict you based on your religion, race, or sexual orientation, among other protected categories. If you are being evicted based on one of these protected classes, then you can use that as a defense against the eviction (see the federal Fair Housing Act and Maine’s Human Rights Act). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Maine. You should also contact a lawyer to ensure you are using the best defenses available to you.
After you file your answer with the courthouse, then you must attend the scheduled hearing. At the hearing, the judge will listen to both you and the landlord and make a decision regarding the eviction. If you do not file an answer or attend the hearing, then the judge will most likely rule against you, even if you have a good defense.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Utah, you could typically receive one of three types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Utah, see The Eviction Process in Utah. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Utah, the landlord must not proceed with the eviction (see Utah Code Ann. § 78B-6-802).
If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a three-day notice to remedy. If you can’t pay the rent in full within three days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord evicting you based on discrimination. In Utah, it is illegal for a landlord to discriminate against a tenant based on source of income, race, or religion, among other things. If your landlord is evicting you based on one of these protected classes, then you can use that as a defense against the eviction (see the federal Fair Housing Act and the Utah Fair Housing Act). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Utah. You should also contact a lawyer to ensure you are using the best defenses available to you.
You must file an answer if you wish to postpone or stop the eviction. If you do not file an answer, then the judge will most likely rule in the landlord’s favor, and the eviction will proceed. For more information on the eviction process, see the eviction help website published by the Utah courts.
If you do file an answer, then a hearing will be scheduled. You must attend this hearing. At the hearing, the judge will consider both sides of the argument and make a decision regarding the eviction.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Florida, you could receive one of four types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Florida, see The Eviction Process in Florida. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Florida, the landlord must not proceed with the eviction (see Fla. Stat. Ann. § 83.56(5)).
If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a three-day eviction notice. If you can’t pay the rent in full within three days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file an eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord using “self-help” eviction procedures (see Fla. Stat. Ann. § 51.011). In Florida, it is illegal for a landlord to turn off your utilities or change the locks on your door in an effort to force you to move out of the rental unit. If your landlord tries to do this, you can use it as a defense against the eviction (see Fla. Stat. Ann. § 83.67). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Florida. You should also contact a lawyer to ensure you are using the best defenses available to you.
Once all the appropriate paperwork is filed, then a hearing or trial will be scheduled. You must attend this hearing or trial. At the proceeding, the judge will consider both sides of the argument and make a decision regarding the eviction.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Indiana, you could typically receive one of three types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Indiana, see The Eviction Process in Indiana. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Indiana, the landlord must not proceed with the eviction (see Ind. Code Ann. §§ 32-31-1-6 and 32-31-7-7).
If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a ten-day eviction notice. If you can’t pay the rent in full within ten days but you could by the end of the month, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. You need to read through this paperwork carefully as it will have information in it regarding an upcoming hearing before a judge and instructions on how to file paperwork, such as an answer, with the court, if necessary. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord discriminating against you. In Indiana, it is illegal for the landlord to discriminate against you based on race, religion, gender, or gender identity, among other categories (see the federal Fair Housing Act for more information). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Indiana. You should also contact a lawyer to ensure you are using the best defenses available to you.
Whether or not you are required to file an answer, you must attend the hearing before the judge. At the hearing, the judge will listen to both you and the landlord and make a decision regarding the eviction. If you do not attend the hearing, the judge is likely to rule against you, regardless of the circumstances.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Michigan, you could typically receive one of two types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Michigan, see How to Evict a Tenant in Michigan. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent, then your demand for rent will state how much you owe and how long you have to pay in full. If you comply with the demand by paying all the rent due and owing, then, in Michigan, the landlord must not proceed with the eviction (see MCL § 600.5714).
If you are not able to pay the rent within the time period stated in the notice, then you should talk to your landlord. For example, maybe you can’t pay the rent in full within the seven-day period, but you could by the end of the month. You should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the demand, then you should get the agreement in writing.
If you do not comply with the eviction notice or demand for rent and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. You need to carefully review this paperwork. There will be a date for a hearing before a judge. Before this hearing, you can respond to your landlord’s lawsuit in writing, using a document called an answer. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord evicting you in retaliation of you exercising a legal right. In Michigan, it is illegal for a landlord to evict you because you have exercised a legal right, such as complaining to a city official about housing conditions or participating in a tenant organization. If the landlord is evicting you after you did something like this, then you may be able to use that as a defense to the eviction (see MCL § 600.5720). For more ideas on possible defenses against an eviction, see Tenant Defenses to an Eviction Action in Michigan. You should also contact a lawyer to ensure you are using the best defenses available to you.
In Michigan, you don’t have to file a written answer before attending the hearing, though. However, if you want to try to stop or postpone the eviction, then you must attend the scheduled hearing. At the hearing, the judge will consider both sides of the argument and make a decision. Michigan Legal Help has more information on the eviction process in Michigan.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In New Jersey, you could typically receive one of two types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information, see The Eviction Process in New Jersey. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file an eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. You need to read through this paperwork carefully. It will have information regarding an upcoming hearing and whether you need to file any paperwork, such as an answer, with the court before attending the hearing. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord discriminating against you. In New Jersey, it is illegal for a landlord to discriminate against tenants based on race, religion, or disability, among other things. If the landlord has discriminated against you based on one of these protected categories, then you may be able to use that as a defense to the eviction (see the federal Fair Housing Act). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in New Jersey. You should also contact a lawyer to ensure you are using the best defenses available to you.
Regardless of whether you are required to file an answer with the court, you must attend the scheduled hearing. At the hearing, you will be able to present your defenses to a judge. The judge will then consider both sides of the argument and make a decision. If you do not attend the hearing, it is likely the judge will rule in the landlord’s favor.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Tennessee, you could typically receive one of four types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Tennessee, see The Eviction Process in Tennessee. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Tennessee, the landlord must not proceed with the eviction (see Tenn. Code Ann. §§ 66-7-109 and 66-28-505).
If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a fourteen-day eviction notice. If you can’t pay the rent in full within 14 days but you could by the end of the month, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. It is very important that you read through this paperwork carefully. It will have information in it regarding an upcoming hearing, or trial, before a judge, and it will inform you whether you need to file any paperwork, such as an answer, before attending the hearing. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord failing to maintain the rental unit in a habitable condition. In Tennessee, the landlord is required to keep the rental unit in good repair, following all of the state health codes. If the landlord fails to maintain the rental unit, then you might be able to use this as a defense against the eviction (see Tenn. Code Ann. §§ 68-111-102 and 66-28-304). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Tennessee. You should also contact a lawyer to ensure you are using the best defenses available to you.
Regardless of whether you are required to file an answer, you must attend the scheduled hearing, or trial. At this hearing, a judge will listen to both you and the landlord and make a decision regarding the eviction.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Georgia, you could typically receive one of two types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice, or demand, by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Georgia, see The Eviction Process in Georgia. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, or demand, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you do not comply with the eviction notice, or demand, and you and your landlord are not able to reach an agreement, then your landlord can file an eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s lawsuit. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord discriminating against you. In Georgia, it is illegal for a landlord to discriminate against you based on race, religion, or gender, among other things. If your landlord discriminates against you based on one of these categories, then you may be able to use that as a defense to your eviction. For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Georgia. You should also contact a lawyer to ensure you are using the best defenses available to you.
After you file an answer, then a hearing will be scheduled. You must attend this hearing. At the hearing, the judge will consider both sides of the argument and make a decision.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>For help accessing and links to the Colorado Revised Statutes cited here, visit CU Colorado Springs' library's locate statutes website.
If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice (if given the opportunity) or move out of the rental unit. In Colorado, you could typically receive one of three types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Colorado, see The Eviction Process in Colorado. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You might be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord might be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Colorado, the landlord cannot proceed with the eviction (Colo. Rev. Stat. § 13-40-104).
If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a ten-day notice. If you know you can’t pay the rent in full within ten days, but will be able to after you’re paid in 12 days, for example, explain the situation to your landlord and ask for permission to pay late. If your landlord agrees to extend the deadline, or to any other terms, be sure to get the agreement in writing.
If you’re not able to reach a compromise with your landlord, and you don’t comply with the eviction notice, at the end of the notice period your landlord can file an eviction lawsuit. You will receive a copy of the court documents your landlord files (such as a complaint, which sets forth the landlord’s reasons for evicting you). The court clerk issues a summons, which orders you to appear in court at a designated time (between seven and 14 days after the summons is issued) (Colo. Rev. Stat. § 13-40-111). The summons explains that you must file an answer to the complaint at or before the date in the summons. Failing to answer might result in the court entering a judgment against you (a default judgment) (Colo. Rev. Stat. § 38-12-111).
In your answer, you should state all reasons why you shouldn’t be evicted—your defense. Examples of defenses to eviction in Colorado include:
For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Colorado. If you have any claims against your landlord, such as a claim for the costs of a hotel you stayed at while the utilities were off, you will need to file a counterclaim along with your answer. Consider contacting a local landlord-tenant lawyer to discuss your defenses and possible counterclaims.
You must file an answer if you wish to postpone or stop the eviction—even if you don’t have a valid defense. If you do not file an answer, then the judge will likely rule in the landlord’s favor, and the eviction will proceed. You can find more information about eviction lawsuits, including forms, procedural advice, and resources for both landlords and tenants, in the self-help section of the Colorado Judicial Branch’s website.
You must show up at court on the date and time noted in the summons. Many courts in Colorado require the parties to engage in free, court-arranged mediation immediately before the hearing. If you don’t reach an agreement with your landlord at the mediation, the court will proceed with a hearing, and the judge will consider both sides of the argument and make a decision.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent, and possibly the costs of the eviction suit, until you move out of the rental unit.
]]>A tenant who is illegally evicted can either sue the landlord (either in civil court or small claims court) or use the illegal eviction as a defense or countersuit to an eviction lawsuit.
After trying to illegally evict a tenant, the landlord might decide to go to court and bring an eviction lawsuit against the tenant. Even if the eviction lawsuit is valid (most likely because the tenant failed to pay rent or violated the lease), the tenant could still bring evidence that the landlord tried to illegally evict the tenant and then receive damages from the landlord for the illegal eviction.
If the tenant sues the landlord through the civil court, then the tenant can also ask the court for an injunction (or order) against the landlord prohibiting the landlord from illegally evicting the tenant again. Injunctions are not, however, allowed as a remedy in small claims court.
A landlord who illegally evicts a tenant in California is liable to the tenant for certain damages. Whether the tenant sues in civil court or small claims court, the tenant may recover the following amounts:
The tenant may also be awarded court costs and attorney fees.
If you decide to sue your landlord over an illegal eviction, check out California law (you’ll find the California rules prohibiting self-help evictions at Cal. Civ. Code § 789.3). See the Laws and Legal Research section of this site for advice on finding and reading statutes.
It’s also a good idea to get advice from a local tenants’ rights group in California. The U.S. Department of Housing and Urban Development (HUD) website includes information on tenant advocates for each state.
Finally, consider consulting an experienced tenants’ lawyer. See Tips on Hiring and Working With Lawyers for advice. For a wide range of other articles of interest to tenants, see the Renters’ and Tenants’ Rights section of this site.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Wyoming, you could typically receive one of two types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Wyoming, see The Eviction Process in Wyoming. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord discriminating against you. In Wyoming, it is illegal for the landlord to evict you based on your race, religion, or ethnicity, among other factors. If your landlord is evicting you based on one of these protected categories, you can use this as a defense against the eviction (see the Federal Fair Housing Act and the Wyoming Fair Housing Act). You should contact a lawyer to ensure you are using the best defenses available to you.
You must file an answer if you wish to postpone or stop the eviction. If you do not file an answer, then the judge will likely rule in the landlord’s favor, and the eviction will proceed. For more information on the eviction process, see the Eviction Basics published by Equal Justice Wyoming.
A hearing, or a trial, will be scheduled before a judge. You must attend this hearing. At the hearing, the judge will listen to both you and the landlord and make a decision regarding the eviction. If you do not attend the hearing, it is likely the judge will rule against you and the eviction will proceed.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Vermont, you could typically receive one of three types of eviction notices, depending on the reason for the eviction:
If you have a month-to-month lease that your landlord wants to end, the type of notice you receive depends on whether you have a written lease or rental agreement and how long you have lived at the rental unit.
If you do not have a written lease or rental agreement and you have lived at the rental unit for less than two years, then your landlord must give you a 60-day notice of termination. If you have lived at the rental unit for more than two years, then your landlord must give you a 90-day notice of termination.
If you have a written lease or rental agreement and you have lived at the rental unit for less than two years, then your landlord only needs to give you a 30-day notice of termination. If you have lived there for more than two years, then your landlord needs to give you a 60-day notice of termination. Under all of these notices, you will need to move out of the rental unit by the end of the stated period of time (see Vt. Stat. Ann. tit. 9 §§ 4465(c) and (e)).
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Vermont, see The Eviction Process in Vermont. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you are being evicted for not paying rent, then your eviction notice will state how much you owe and the date by which you need to pay the rent in full. If you comply with the eviction notice by paying all the rent due and owing, then, in Vermont, the landlord must not proceed with the eviction (see Vt. Stat. Ann. tit. 9 § 4467(a)).
If you are not able to pay rent in full within 14 days of receiving the notice, then you should talk to your landlord. Perhaps your landlord would agree to let you pay by the end of the month instead. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord discriminating against you. In Vermont, it is illegal for the landlord to evict you based on your race, nationality, or religion, among other factors. If your landlord is evicting you based on one of these protected categories, then you might be able to use that as a defense against the eviction (see the Federal Fair Housing Act and the Vermont Fair Housing Act). You should also contact a lawyer to ensure you are using the best defenses available to you.
You must file an answer if you wish to postpone or stop the eviction. If you do not file an answer, then the judge will likely rule in the landlord’s favor, and the eviction will proceed, most likely without a hearing. For more information on the eviction process, see the Eviction Process published by Vermont Law Help.
If you do file an answer, then a hearing will be scheduled. You must attend this hearing. At the hearing, the judge will consider both sides of the argument and make a decision.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Pennsylvania, you could receive one of at least three different types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not move out of the rental unit by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in Pennsylvania, see The Eviction Process in Pennsylvania. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord discriminating against you in some way. In Pennsylvania, a landlord must not discriminate against a tenant based on a variety of factors, including race and religion. If your landlord has discriminated against you illegally, then you might be able to use this as a defense against the eviction (see the federal Fair Housing Act and Pennsylvania’s Human Relations Act). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Pennsylvania. You should also contact a lawyer to ensure you are using the best defenses available to you.
You must file an answer if you wish to postpone or stop the eviction. If you do not file an answer, then the judge will likely rule in the landlord’s favor. If you do file an answer, then a hearing will be scheduled. You must attend this hearing. At the hearing, the judge will consider both sides of the argument and make a decision.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In North Dakota, you could typically receive one of two types of eviction notices, depending on the reason for the eviction:
It is important to note that you are not automatically evicted when the time period runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.
For more information on the eviction process in North Dakota, see The Eviction Process in North Dakota. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.
If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.
If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.
If you and the landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.
If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. You need to review this paperwork very carefully. It will have information in it regarding an upcoming hearing. You may be required to file paperwork, such as an answer, with the court before attending this hearing. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord discriminating against you. It is illegal for the landlord to evict you based on your religion, nationality, or race, among other factors. If the landlord is evicting you based on one of these protected categories, you can use that as a defense against the eviction (see the Federal Fair Housing Act and the North Dakota Housing Discrimination Act). You should contact a lawyer to ensure you are using the best defenses available to you.
Regardless of whether you are required to file an answer, you must attend the scheduled hearing. At the hearing, the judge will listen to both you and the tenant and make a decision regarding the eviction. If you do not attend the hearing, it is likely the judge will automatically rule against you.
Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.
]]>If you’re a renter who’s discovered that your rental property is facing or is under foreclosure, here’s some guidance on how to navigate the situation.
When an owner defaults on a mortgage, it means that they have failed to comply with the terms of the promissory note or mortgage (or deed of trust) they signed when they took out the loan to purchase the property. Most often, the owner goes into default when they don’t make the required monthly payments. A default occurs as soon as a payment is missed.
In general, when the owner fails to make the payments on their mortgage for more than 120 days, the lender can begin the foreclosure process. This means that the lender can use state procedures to sell the house to repay the debt. (Foreclosure procedures vary from state to state.)
When the foreclosure is complete, there’s a new owner of the property—most often a bank. The bank can hold onto the property or sell it. Many banks will pay a servicing company to handle the property post-foreclosure. But don't expect active property management—these companies are focused on financial matters, not mundane things like maintenance.
Lending banks (the mortgage holders) typically attach a rider, or special agreement, to the mortgage or deed of trust documents when a buyer intends to use the building as a rental. This rider, called a 1-4 Family Rider (Assignment of Rents), is used by lenders in every state for one- to four-unit investment properties and two- to four-unit principal residences. Its main purpose is to give the lender the right to receive the rent when the buyer has defaulted on the mortgage. (You can get a copy of the 1-4 Family Rider from the Fannie Mae website.)
To understand how the rider works, think like a banker for a minute. The property is generating income and the buyer is falling behind on the mortgage. In order to cut its losses as quickly and as thoroughly as possible, the lender wants to get its hands on the rent.
Once the lender gives the owner a written notice of default, lenders in most states have the right to receive the rent directly from the tenants. Lenders have to give written notice to the tenants, and they typically do so by letter, posted notice on the property, or in person.
The 1-4 Family Rider is a standard form that's used for small properties (four or fewer rental units). Banks and buyers use a standard form because they assume that the relatively small size of the deal doesn't merit lengthy negotiations between the parties.
Larger properties almost always have the same sort of arrangement—if the owner falls behind on the mortgage payments, the lender gets the right to receive the rent. Usually, these arrangements are negotiated by the banks and the buyers' lawyers and might include unique provisions that are hammered out by the parties.
As far as tenants are concerned, though, when it comes to paying rent, the bottom line is the same: With proper notice, they will be expected to pay the rent to the bank.
Before President Obama signed the "Protecting Tenants at Foreclosure Act of 2009," most renters lost their leases upon foreclosure. But this legislation provided that leases would survive a foreclosure. The tenant could stay at least until the end of the lease, and month-to-month tenants would be entitled to 90 days' notice before having to move out.
An exception was carved out for the buyer who intends to live on the property—this buyer may terminate a lease with 90 days' notice. Importantly, the law provides that any state legislation that is more generous to tenants will not be preempted by the federal law. These protections apply to Section 8 tenants, too.
The federal law came to an end on December 31, 2014, but was restored on June 23, 2018, as part of the Economic Growth, Regulatory Relief, and Consumer Protection Act. Also, many states and municipalities continue to provide the same protection.
Local laws may come into play, too. Tenants who live in states or cities with "just cause" eviction protection as part of a rent control law are also protected from terminations at the hands of an acquiring bank or new owner. These tenants can rely on the law’s list of allowable reasons for termination. Because a change of ownership, without more, does not justify a termination, the fact that the change occurred through foreclosure will not justify a termination.
During the default and foreclosure process, even though the bank is receiving the rent payments, all other rights and responsibilities that the owner/landlord has with respect to the tenants remain in place. Until the bank actually forecloses, the owner is still the owner. This leads to problems if the tenants need maintenance or repairs done on the rental unit.
Landlords who are in foreclosure are often unwilling to make repairs: Without a source of income from the rental property, most owners will be unable (or unwilling) to maintain it. For the tenant, however, the owner's disillusionment is beside the point, because in every state, landlords must maintain fit and habitable rental housing. So how does a tenant enforce this right against a demoralized (and possibly broke) owner?
According to the Family Rider, the lender must apply the rent money to property management costs, including maintenance, before it applies the money to the unpaid mortgage. But the Rider explicitly does not obligate the lender to assume the maintenance duties of the owner. Unless there's a specific local or state law to the contrary, the lender's right to receive rent money doesn't turn that lender into the landlord for purposes of maintaining the property.
If conditions seriously deteriorate to the point where the home is not fit to live in, tenants might find themselves stuck between an owner who has no ability to take care of business, and a lender who has no obligation to do so.
Self-help remedies are tricky. Tenants might need to avail themselves of a tenant's "self-help" remedy, such as rent withholding and repair-and-deduct (note that only some states give these remedies to tenants).
But here is where things get tricky: Rent withholding and repair-and-deduct work because they pressure owners to take care of repairs so that they can receive the rent. But banks aren’t familiar with property management and maintenance, and they have no legal obligation to maintain the property (the owner retains that duty). Not paying the bank isn’t likely to result in prompt attention to that leaking roof or broken water heater—it's more likely to result in a notice to vacate or, particularly in situations where tenants survive the foreclosure, continued inattention until conditions deteriorate further.
In many cities, housing and health departments are charged with responding to unsafe and unsanitary conditions in rental housing. They typically have powers that range from ordering the owners to take care of business (under threat of contempt of court), to taking over the property altogether and running it until they've fixed the problems (and charging the owner for the privilege).
Although these government agencies can, and should, still do their jobs, their intervention might be ineffective. The agencies will be dealing with an owner who has no resources to contribute (and who might even be impossible to locate), and a bank who has no legal duty to step up. Results will differ when the government takes over because the efficiency of local and state agencies varies tremendously.
New owners might want to terminate existing tenants because they believe that vacant properties are easier to sell. Common sense suggests otherwise. In many situations a building full of stable, rent-paying tenants will be more valuable (and command a higher price) than an empty building. Emptied buildings are also prone to vandalism and other deterioration—after all, no one is on site to monitor their condition. When entire neighborhoods become a wasteland of empty foreclosed multifamily buildings, their value drops even further. It's hard to understand why new owners choose to pay lawyers to start eviction procedures instead of paying a modest fee to a management company to collect rent and manage the property while they wait to sell.
Cash for keys. To encourage tenants to leave quickly and save on the court costs associated with an eviction, banks often offer tenants a cash payout in exchange for their rapid departure. Thinking that they have little choice, many tenants—even Section 8, protected tenants—take the deal. It doesn't help them much as they join the swelling ranks of newly displaced tenants (and former homeowners) who are competing to find an affordable new rental.
Thanks to the legislation explained above, most tenants with leases will keep their leases, and month-to-month tenants will have at least 90 days to relocate. Tenants with leases have no legal recourse against their former landlords, because they are in the same position with the new owner as they were with the old: The lease survives and ends as it would had there been no foreclosure. Similarly, month-to-month tenants always know that they can be terminated with proper notice.
However, a lease-holding tenant whose rental has been bought by a buyer who wants to move in to the property might end up less fortunate than before the foreclosure—these tenants might lose their lease with the state-required notice, a result that probably would not have happened had the owner simply sold the property to a buyer who intended to occupy the property. (Normally, the new owner has to wait until the lease ends, absent a lease clause providing for termination upon sale, though such clauses might not be legal in all situations.)
A lease-holding tenant who has to move out so that new owners may move in might consider suing their former landlord in small claims court. Here's how it works.
After signing a lease, the landlord is legally bound to deliver the rental for the entire lease term. In legalese, this duty is known as the "covenant of quiet enjoyment." A landlord who defaults on a mortgage, which sets in motion the loss of the lease, violates this covenant, and the tenant can sue for the damages it causes.
Small claims court is a perfect place to bring such a lawsuit. The tenant can sue the original landlord for moving and apartment-searching costs, application fees, and the difference, if any, between the new rent for a comparable rental and the rent under the old lease. Though the former owner probably isn’t flush with money, the awards in these cases won't be very much, and the court judgment and award will stay on the books for many years. A persistent tenant can probably collect what's owed eventually.
For more information on suing a landlord in small claims court, see Everybody's Guide to Small Claims Court or Everybody's Guide to Small Claims Court in California.
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