State Laws on Delaying Evictions

Before an eviction lawsuit can begin, a landlord typically has to give tenants a termination notice to end the tenancy. This notice gives the tenant a limited amount of time to remedy the issue or move out of the property. The notice period varies depending on the state and the reason for eviction.

Even if the tenant doesn't comply with the notice, the landlord can’t simply remove the tenant from the property. Self-help evictions, like when the landlord changes the locks or turns off the heat, water, or other utilities in an attempt to make the tenant move out, aren’t ever legal. The landlord must file an eviction lawsuit in court, which adds time to the process. Court proceedings can take several weeks to months, depending on the court's schedule. During this time, tenants can remain in the rental property until a court issues an eviction order.

To further delay the process, tenants can respond to the lawsuit, presenting defenses that could further delay or even stop an eviction. Common defenses include improper notice (say, the eviction notice doesn’t give the reason for the eviction) or the failure of the landlord to maintain the rental unit.