Facing Eviction: What Can I Do?
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in United States.
In almost every state, eviction is a court process. It usually begins when your landlord gives you a written notice, often called a notice to quit (a letter saying you must move out). This guide explains the basic rules that protect renters nationwide. Pick your state for the rules where you rent.
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Before an eviction, your landlord must give you a notice to quit (a letter that says you must move out). The notice must say why the landlord wants you out and what you can do to stay. Every state sets its own timing for this notice. The number of days differs by state. Check your state's guide for the exact number.
This rule depends on where you live. See the rule in every place we cover.
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Getting a notice to quit does not mean you have been evicted, and you do not have to move out just because you received one. Your landlord generally must go to court and win an eviction case before they can legally force you out.
This rule depends on where you live. See the rule in every place we cover.
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Your landlord may not force you out by harassing (repeatedly pressuring) you. They may not change your locks. They may not cut off your utilities (such as water, heat, or power). If this happens, get legal help right away.
This rule depends on where you live. See the rule in every place we cover.
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Talk to a lawyer if your landlord threatens to evict you. You may qualify for free legal aid, based on your income. Legal aid offices funded by the Legal Services Corporation operate in all 50 states, the District of Columbia, and U.S. territories.
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In most states, you can stop an eviction for unpaid rent by paying all the rent you owe. Your state's guide has the deadline for this.
This rule depends on where you live. See the rule in every place we cover.
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If you get eviction court papers, respond to them. Do not ignore them. You have the right to file a written answer explaining to the court why you should not be evicted. If you applied for rent or utility (water, electric, gas) help and are waiting for a decision, say so in your answer. The judge may delay or dismiss the case because you are trying to get help.
This rule depends on where you live. See the rule in every place we cover.
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You have the right to file a written answer with the court. The answer explains why you should not be evicted. You can file it on your own if you do not have a lawyer yet. In it, you can point out mistakes your landlord made, such as a wrong notice. Mistakes in the process can delay an eviction. Call the court clerk and ask how many days you have to file.
Legal Information Institute, Cornell Law School Costs of Eviction Consumer Financial Protection Bureau Learn more from the courtThis rule depends on where you live. See the rule in every place we cover.
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Your landlord may not evict you as punishment. For example, they may not evict you because you reported housing code violations. They also may not evict you because you sued them for housing discrimination. Tell the court if this happened to you.
This rule depends on where you live. See the rule in every place we cover.
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Federal law bans housing discrimination in every state. Your landlord may not deny you housing or evict you because of your race, color, religion, sex, familial status (having children), or national origin. The same law protects people with disabilities. If you think this happened, raise it in court.
This rule depends on where you live. See the rule in every place we cover.
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Some renters get extra time under a federal law called the CARES Act. It covers homes in federal housing programs. It also covers homes with a mortgage that the federal government backs. There, your landlord must give you a notice to vacate (a letter that says you must leave). Your landlord cannot require you to leave until 30 days after they give you that notice. This rule is permanent. Ask a lawyer whether your home is covered.
U.S. Code via Legal Information Institute, Cornell Law School § 9058(c)(1) National Low Income Housing Coalition The CARES Act (2020)This rule depends on where you live. See the rule in every place we cover.
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If you live in housing that gets federal help, federal law protects you in one more way. Your landlord may not evict you because something happened to you. It does not matter if this happened in the past or is happening now. That something can be domestic violence, dating violence, sexual assault, or stalking.
This rule depends on where you live. See the rule in every place we cover.
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Service members have extra protection. During your military service, your landlord needs a court order to evict you or your dependents. This covers a home used mainly as a residence, with monthly rent at or under a yearly adjusted limit ($2,400 in 2003). You can also ask the court to pause an eviction for up to 90 days.
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