Your Rights When Facing Eviction

The following is presented for informational purposes only and is not intended as legal advice.

The thought of getting kicked out of your home can be terrifying. Whether it's your dream apartment or the worst place you've ever lived, the pain and uncertainty of a looming eviction can be traumatic.

Depending on the situation, you may not be able to stop an eviction. But you do have rights and protections as a tenant. By understanding the eviction process, you can put yourself in the best position to manage the situation. Here's what you need to know.

When can a landlord evict a tenant?

The specific laws governing the eviction process are slightly different state to state, so you'll want to research the rules in your specific area. Generally, though, there are a few common situations where a landlord may be entitled to seek an eviction.

Nonpayment of rent

Probably the most obvious (and common) reason why someone may be evicted from a rental property is failing to pay their rent. How many missed payments a landlord is willing to tolerate may be spelled out in the lease agreement, but the eviction won't be a surprise. The landlord will typically be required to provide a notice to pay or vacate before any further legal action is taken.

Lease violations

A lease is a legal agreement, down to every clause and subclause. So it's important that you read your lease and following the rules and requirements spelled out in the lease, because failing to do so could give your landlord the authority to begin eviction proceedings.

Property damage

Wear and tear is normal when renting a property. It's part of the deal of being a landlord.

Damage beyond "normal", however, is a potential cause for eviction. Of course whether the damage in questions goes beyond wear and tear and rises to the level of eviction may be up for debate, but if you trash your apartment don't be surprised if your landlord tries to evict you.

Illegal activities

Using a rental property as the base of operations for criminal activity is another way to risk an eviction. Although, it needs to be said that if you're caught using your apartment to run drugs, the eviction may not be your biggest concern.

Holdover tenancy

When the lease ends and you don't renew or move out, that's considered a holdover tenancy. With no agreement in place, you no longer have the right to stay in the property. As such, it's usually within the landlord's right to have you evicted.

Owner use or sale

It's not true everywhere, but there are some areas where a landlord can evict tenants if they or a family member intend to occupy the property. Similarly, if the landlord decides to sell the property, they may have the right to evict the current tenants.

What happens during an eviction?

The full process for an eviction will be different depending on where you live, but you can generally expect the following:

Notice is provided

Eviction won't sneak up on you. Typically, landlords are always required to provide notice ahead of time. That may be notice to pay or vacate, or simply a notice to vacate. Either way you'll be given a timeframe (usually 3 to 30 days) to comply. Landlords may also be required to take steps to ensure that the notice was received, either by handing it to the tenant directly or leaving it on the main door of the property. 

Eviction suit is filed

If you don't pay or vacate per the terms of the notice, the landlord will need to file an eviction lawsuit, usually in the jurisdiction where the property resides.

Court hearing is held

Both sides will have a chance to plead their case. Ultimately, the court will decide, based on the information presented, if an eviction is warranted. 

A writ of possession is issued

If the landlord wins, the court will often issue a judgment for possession, validating their claim to the property. In most states, the tenant then has a brief window in which to appeal the decision.

If the tenant doesn't appeal and does not vacate the property voluntarily, the court may issue a writ of possession. This gives local law enforcement the authority to forcibly remove the tenant from the property.

Can you stop an eviction?

Similar to a foreclosure, the sooner you act, the more option you'll have to avoid a potential eviction. You may not be able to stop a just and legal eviction, but you do have rights and it's important that you make sure those rights are exercised.

You must receive a notice of eviction

That first step is a requirement for all landlords. No lawful eviction can proceed until the landlord has provided a notice to vacate in accordance with local laws.

You can defend yourself in court

If you're threatened with a potential eviction, it's important to attend your court hearing. This is where you can dispute your landlord's claims (assuming they're inaccurate).

• If the landlord is falsely claiming that you've failed to pay rent, you may be able to disprove the claim by presenting receipts and bank statements to the contrary.
• If the landlord failed to hold up their end of the rental agreement (didn't provide maintenance or services that were promised in the lease) that may be a valid reason to withhold rent payments.
• If you believe that the eviction is retaliatory or discriminatory in nature, and the court believes you, that may stop the eviction.
• If you never received the notice of eviction or you believe that the landlord didn't follow the proper requirements to provide you with the notice, that's another argument that may sway the court in your favor.

You can work with a lawyer or eviction counselor

Tenant advocacy groups and legal aid organizations are available in many areas to help tenants fight against potentially unlawful evictions. Some nonprofit financial counseling agencies like MMI offer eviction counseling to help you review your option, address the underlying cause, and find a resolution with your landlord.

If you're feeling overwhelmed by the possibility of an eviction, seek appropriate help as soon as possible. Never ignore correspondence from your landlord, the court, or law enforcement. An eviction is a difficult process to navigate, but the more proactive you are the better the outcome will be.