One day, you’re happy living in your home. Then, out of nowhere, you’re facing intimidating deadlines, legal documents, and the stress of what comes next. When your landlord begins the eviction process, many tenants don’t know where to start.
We understand how unsettling this experience can be for tenants, so we created this guide to walk you through exactly what to do. Here’s everything you need to know about how to fight an eviction. We’ll discuss what eviction proceedings look like, what the law requires tenants to do, and how to dispute the filing to defend yourself.
Understanding the Eviction Process
Landlords can’t just kick you out with no regard for the law. Property owners have to follow the state’s legal procedure, so knowing how the process works can help you protect yourself.
Since eviction laws vary from state to state, landlords can evict tenants in different ways and for different reasons depending on the location of the rental property. The most common causes for eviction include:
- Nonpayment of rent
- Lease violations
- Health and safety hazards
Here’s an overview of the steps you may need to take and the legal guardrails protecting tenants.
How It Works When State Law Requires a Written Eviction Notice
Most states require landlords to provide tenants with written notice before proceeding with an eviction. A formal notice typically sets a specific period for you to correct the issue prompting the eviction (such as paying rent or resolving the violation). If you fail to act in time, the other option is to move out.
The exact amount of time you have to correct the issue or move out varies by state. It can also depend on the type of violation. For example:
- Arizona law sets a 5-day time limit for health and safety violations (Ariz. Rev. Stat. § 33-1368).
- Colorado only gives tenants 3 days for serious lease violations, such as violent or drug-related crimes (Colo. Rev. Stat. § 13-40-104).
- Maryland law requires property owners to give tenants 30 days to fix the issue or move, but if the situation presents a clear or imminent danger, the period is reduced to 14 days (Md. Code, Real Prop. § 8-402.1).
If you can’t fix the issue before the deadline and don’t move out, your landlord can usually start a court eviction action. Even then, you probably don’t have to leave right away. You still have the chance to formally respond and present your case.
How It Works When a Written Eviction Notice is NOT Required
Depending on the situation, some states don’t require landlords to provide tenants with a written notice, such as North Carolina (N.C. Gen. Stat. § 42-26) and West Virginia (W. Va. Code § 55-3A-1).
If your landlord isn’t required to provide written notice, you may not even know they’ve filed an eviction action against you. In these cases, you wouldn’t find out until you receive court papers ordering you to appear for a hearing.
Once the property owner officially serves you, read everything carefully to understand:
- When and where the hearing is
- What you need to do to prepare
Receiving the notice doesn’t mean you have to leave immediately. Being served starts the legal process, so you’ll continue living in the property until the court rules otherwise.
A Word on Self-Help Evictions
Some landlords may resort to self-help evictions to force a tenant to leave. A self-help eviction can include changing the locks without telling you, shutting off your utilities, or dumping your belongings outside of the property. However, most states prohibit landlords from using self-help methods, including:
- Florida (Fla. Stat. § 83.67)
- Illinois (765 Ill. Comp. Stat. 5/9-101)
- Missouri (Mo. Rev. Stat. § 441-233)
- Nebraska (Neb. Rev. Stat. § 76-1430)
- New Jersey (N.J. Stat. § 2A:39-1)
- Ohio (Ohio Rev. Code § 5321.15)
- Texas (Tex. Prop. Code § 92.0081)
If your landlord attempts an illegal self-help eviction, it may constitute landlord retaliation. We recommend seeking immediate legal advice for specific guidance.
Typical Flow of the Eviction Process
Facing an eviction can be overwhelming, but understanding the process can make a big difference. Most of the time, evictions don’t happen immediately. Landlords have to go through a legal process before they can force you out of the property.
Here’s how the eviction process usually goes, from first notice to the final step:
- The landlord becomes aware of a violation: Many issues could trigger an eviction. The breach of contract could include past-due rent, property damage, illegal subletting, or unregistered tenants.
- The property owner gives you written notice (where required): Your landlord may formally request that you address the problem causing the eviction or move out. The period of time you have to take action depends on your state and the severity of the issue.
- The notice period ends: If you haven’t fixed the issue or moved out yet, your landlord can file an eviction action asking the court to force you out. At this point, you typically don’t have to vacate the property yet.
- The court schedules your hearing: Once the landlord files an eviction action with the court, a process server will deliver legal documents to you. They should detail the date, time, and location of the hearing, and whether you can file a response before the hearing. Since some courts don’t allow tenants to file documents until the hearing, we recommend seeking legal advice.
- A court hearing is held: When your trial date arrives, you’ll get the chance to present your side of the story to the judge. It’s a good idea to bring any supporting documentation and clearly explain why you shouldn’t have to move out.
- The judge issues an eviction order: This can look different depending on the state. In some areas, all the landlord needs is the official eviction order to force you out. In other states, a local law enforcement agency has to act on the court order within a specific time period.
- Law enforcement forcibly removes you from the rental unit: If you haven’t moved out by this time, law enforcement or other authorized personnel will forcefully remove you from the premises.
Can tenants fight an eviction?
As mentioned, being served eviction paperwork doesn’t mean the process is over. Tenants have the opportunity to respond to the filing, present evidence in defense of their case, and dispute the eviction based on legal protections.
The process can feel intimidating, but following the correct steps can give you a real chance to resolve the issue and stay in your home.
How to Fight an Eviction in 5 Steps
Next, we’ll walk you through how to fight an eviction in the following six steps:
- Talk to your landlord
- Comply with the notice
- File a Response or Answer to the eviction (if required)
- Attend the hearing and state your defense
- Request a continuance or stay
The following process can help you protect your rights and present your case effectively. In the best case, it can help you resolve the issue entirely. Even if you don’t end up beating the case, these steps may be able to help you delay the process while you search for your next home.
Step 1: Talk to Your Landlord
Speaking with your landlord is one of the smartest first moves you can take. Whether you anticipate an issue or fear you’ve violated the lease agreement, the landlord should hear it from you first rather than finding out about it on their own later.
Consider reaching out to your landlord if you find yourself in any of the following situations:
- Your lease is about to end, but you want to re-sign and stay in your same unit.
- A guest or another tenant has threatened, harassed, or injured a neighbor.
- You, a guest, or another occupant of your rental unit has damaged the property or violated the lease.
- Another occupant of your rental unit or a guest is engaging in illegal activity on the premises.
- You’re unable to pay rent for the current period.
Remember, transparent communication is the best way to maintain a positive landlord-tenant relationship.
What to Do If You Have Issues Paying Rent
Sometimes situations beyond our control cause financial hiccups. Perhaps you or another member of your household has lost a job or had to cut back on their work hours. Whatever the cause, reach out to your landlord as soon as you know you won’t be able to pay rent on time. We recommend explaining the situation to the property owner and working on a payment plan.
Most landlords will be willing to work with you, especially if you’ve been a good tenant and don’t have a history of late payments. Ask the property manager if they’d be open to:
- Setting up a payment plan
- Accepting a partial payment for the current period
- Temporarily reducing rent
- Postponing the rent due date
If you’re able to agree, make sure you record everything in writing and save receipts for any partial payments. You can use these files as evidence in case the situation leads to an eviction.
Did you know? Certain states, including Minnesota (Minn. Stat. § 504B.291), New Hampshire (N.H. Rev. Stat. § 540:9), and Virginia (Va. Code § 55.1-1250), have a “right of redemption.”
These laws allow tenants to pay landlords the full amount of past-due rent (plus any fees) to avoid eviction, even after the hearing. To see how this applies to your situation, check your local law and consult a legal professional.
Step 2: Comply with the Notice
Most states require rental property owners to provide renters with written notice. The document sets a deadline for you to either move out or fix the violation. If you comply, most states prevent the property owner from evicting you. Here are a few things to keep in mind:
- If the notice doesn’t clearly state the actions you need to take, ask the landlord for more information.
- Record all the actions you took to comply, including coordinating repairs or paying rent. Take note of the dates and keep receipts on file.
- Document any calls you’ve made to law enforcement regarding illegal activity in your rental unit. You can use this to defend yourself if the property owner is evicting you because of someone else’s illegal activity.
However, some states don’t require property owners to notify renters at all. If your state doesn’t require this step, property owners can immediately file an eviction action with the court. The only notice you’d get is the court summons for the official hearing.
Step 3: File a Response or Answer to the Eviction (if required)
Once you’ve received the eviction action, some states require you to file a written response with the court within a specific timeframe. Tenants can explain the situation, present their defense, and argue why the landlord shouldn’t evict them. If you don’t comply on time, the court could automatically rule in your landlord’s favor.
Even if your state doesn’t require a written response, it’s always a good idea to provide one. It allows you to prepare your defense for the hearing and creates a paper trail.
Step 4: Attend the Hearing and State Your Defense
In nearly all states, if you fail to show up for the eviction hearing, the court will rule in your landlord’s favor.
Attending the hearing gives you a fighting chance, as you’ll be able to present your argument and any evidence supporting your claim. And if the court rules in your favor, you won’t have to move out.
12 Potential Defense Strategies for an Eviction Hearing
- You hadn’t missed the rent payment when you received the notice.
In this case, you’ll need to provide documents showing:
- When you received the notice.
- The amount claimed in the notice was past due.
- Canceled checks or rent receipts (if any).
- Your landlord has frequently accepted late rent payments in the past.
If you and your landlord created a temporary agreement regarding payment amounts or due dates, present the written agreement to the court.
- You complied with the eviction notice.
Provide any documents showing you followed the terms of the notice, or bring witnesses who can confirm your compliance. Certain jurisdictions will rule in your favor if you’ve taken proactive steps to fix the issue by the deadline, even if you haven’t completely complied yet.
- You never received a written eviction notice (in states that require one).
Doing this may be harder to prove, especially if the landlord claims they provided it. Consider using mail records, witness statements, or inconsistencies in the landlord’s claim to demonstrate your innocence.
- The notice period was shorter than your state’s legal timeframe.
For example, the landlord only gave you 3 days to pay past-due rent, but your state’s eviction law requires 14 days. Present a copy of the notice you received to the court as evidence.
- You were the victim of domestic abuse/domestic violence.
Most states have laws protecting renters who are victims of domestic abuse or violence. For example, California law prohibits property owners from kicking someone out solely because of acts of violence committed against a tenant or household member (Cal. Civ. Code § 1161.3).
- The eviction is discriminatory and was only done because of your race, sex, familial status, sexual orientation, or other protected status.
Federal law prohibits property owners from discriminating against individuals based on the following protected characteristics:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability (Fair Housing Act)
In addition to the above traits, most states have their own fair housing laws that protect additional characteristics. Check your state’s law to determine if you’re a protected class and speak with a legal professional about how it impacts your case.
Sometimes, discriminatory evictions can be challenging to prove. Demonstrate that you’ve consistently paid rent on time and haven’t violated any lease terms to help prove the eviction is discriminatory.
- The landlord didn’t fulfill their obligations under the law and/or rental agreement.
Perhaps they didn’t make necessary repairs or failed to provide safe, livable housing. The following evidence can help support your claim:
- Photos and videos of the issue
- A signed checklist that shows the condition of the rental property at move-in
- Inspection reports
- Related emails and texts between you and your landlord
You can also have a witness testify about the situation.
- You weren’t involved in, or aware of, the illegal activity causing the eviction.
Speak with a legal professional if your landlord is evicting you for the unlawful actions of others. Depending on the situation, the courts may rule in your favor if you can prove that you:
- Reported the situation to the authorities as soon as you become aware
- Told the parties involved to leave the rental unit
Since clear evidence will support your claim, keep clear records of your communications.
- The property owner tried to evict you illegally.
As mentioned, self-help methods could include throwing your belongings out on the sidewalk, changing the locks, or forcibly removing you without a court order.
- The landlord renewed your lease, even if they claim they didn’t.
Depending on the laws in your state, you may be able to demonstrate this by providing proof of a rent payment made after your contract expired, which will automatically create a new agreement.
- The rental owner didn’t properly serve you the court summons or legal paperwork.
If you can show the landlord didn’t comply with legal requirements, it could close your current eviction case. But your landlord could file a case later, making sure they properly serve you the second time around.
- The landlord filed the eviction to get back at you for something you’ve done.
Most states have laws protecting renters from retaliation, including breaking a lease to punish renters for filing an official complaint. We recommend keeping records of any communications between you and your property owner, and creating a clear timeline of the events related to your case.
Step 5: Request a Continuance or Stay
Let’s say the hearing date rolls around, but you haven’t been able to get an attorney or organize all of your evidence. Depending on your state, you may be able to ask the court to postpone the hearing — called “requesting a continuance.”
However, some states prohibit this altogether, or prohibit it based on the case’s details. Some jurisdictions also cap the number of times you can receive a continuance. To see if your case would be eligible for extension, speak with a legal professional.
If the court grants you the continuance, they’ll reschedule the hearing for a future date. Depending on the circumstances, the courts could push it back by a few days or even weeks.
Keep in mind: In states prohibiting self-help evictions, rental owners can’t force you out of your home until after the court rules in favor of the landlord, even if the hearing is rescheduled.
There may be circumstances beyond your control, such as a death in the family, that make it necessary to temporarily prevent an eviction. If you require a stay for any reason, explain your situation to the court and ask for more time. This action is called “requesting a stay.”
What happens if the court rules in the landlord’s favor?
If the court doesn’t accept your defense, the judge has decided that the eviction can move forward. While this can feel like a dead end, you still have options. You can continue to fight the case by challenging the final judgment. Here’s what tenants need to know:
File an Official Appeal
When you appeal the ruling, a higher court will review your case and assess whether the original final judgment is appropriate. In most cases, filing an appeal postpones the court order for you to vacate the property until a higher court can review your case.
To initiate the process, speak with a trusted lawyer and file a notice of appeal immediately after the court announces its final judgment. The new court could rule in your favor, or send the case back down to the lower court for a new trial, or to allow additional evidence.
Keep in mind: in many jurisdictions, a court order can be overturned only if the original court made a legal mistake in reaching its judgment. For example, it didn’t allow you to defend yourself in court or present witnesses.
Know Your Options
We understand this process is overwhelming, stressful, and confusing. But there are steps you can take to protect your rights, defend your tenancy, and potentially stay in your home.
Here’s a summary of the things you can do to prevent, fight, or stop an eviction altogether:
- Talk to your landlord first
- Correct the issue as quickly as possible
- File a response with the court
- Attend the hearing
- Request a continuance or stay
- Appeal the ruling
Remember, just because your landlord attempts to evict you doesn’t necessarily mean you automatically have to move out. Document everything, seek legal guidance, and take every legal step available to safeguard your rental property. You may have more options than you think.
Legal Resources for Tenants Fighting Evictions
Here’s a helpful list of organizations that may be able to assist you:
- Local housing authorities
- Pro bono attorneys
- Tenant advocacy groups
- Nonprofit or affordable legal aid organizations
- Law school legal clinics
Reach out to these resources as early as possible to begin taking the necessary steps to stay in your home. We hope this guide has helped you learn how to fight an eviction.
Can You Fight an Eviction FAQs
Is there a way to get around an eviction?
Yes. In most cases, renters can fix the issue, negotiate with the property owner, or fight the case in court.
How to fight an eviction notice?
Yes, but it depends on the circumstances. Always speak with a legal professional about your specific case.
Is it worth it to fight an eviction?
In most cases, challenging the case allows you to get the case dismissed or postpone your move-out.
How much can I sue a landlord for wrongful eviction?
It depends on the details of your case. We recommend asking a real estate lawyer.
