Got An Eviction Notice? Here’s What To Do

Whether it’s expected or not, getting an eviction notice can be a scary and unpredictable experience for a tenant. But while it may be difficult to get your head around what the next steps are, it’s important that you know your rights—and that you act fast.

To help you figure out what’s expected of you and what your course of action should be, we’ve put together this quick explainer covering everything that you need to know about your eviction notice, including why you might have gotten it (if you’re not totally sure), why it may or may not be valid, and what steps you should be taking.

Reasons For Getting an Eviction Notice

An eviction notice, also called a notice of termination, can happen for a variety of reasons. Many times, the notice is not a total surprise, nor is it the first step in resolution of the conflict, though it is possible to get a notice of termination without cause.

An eviction notice with cause usually happens for one of two common reasons:

• Failure to pay rent, in which the tenant is given the option to either settle up their rent payment or vacate the unit.
• Failure to abide by the terms of the lease, which may also come with an opportunity to resolve the issue instead of vacating the unit.

In some cases, you may receive an unconditional quit notice, which requires that you vacate the property without the option to resolve the conflict. These types of eviction notices are only allowed if you have failed to pay rent on multiple occasions or have violated the terms of your lease on multiple occasions, or if you have caused serious damage to the property or if were found to be engaging in illegal activities on the premises.

In many states, a landlord can provide you with an eviction notice without cause, which dictates that you must vacate the property for reasons unrelated to direct fault on your part. The amount of notice that must be given if a landlord is evicting a tenant without cause varies by state, but is generally around 30 to 60 days.

When Is An Eviction Notice Not Valid?

States have pretty specific laws on why and how a landlord can evict a tenant. In some states, for example, landlords are not allowed to serve an eviction notice to a tenant without just cause (known as “just cause eviction protection”). And in all states, landlords must abide by local laws regarding how much notice must be given and what process must be followed for an eviction notice to be valid.

If you believe that you have been provided with an invalid eviction notice, you’ll need to appeal to your landlord directly and/or seek out the assistance of a landlord-tenant attorney.

What To Do If You Get An Eviction Notice

Were you served with an eviction notice? Here’s what you need to do next.

Look at your lease

Talk to your landlord

Make a plan

Take it to court

Note that you will have to act fast on your eviction notice. Most require that you respond very quickly—sometimes in as little as five days. Ignoring an eviction notice will only work against you, especially if you do eventually take it to court.

An eviction can be an overwhelming process, but know that you’re not alone. With proper legal help and the support of trusted family members or friends, you can navigate the process and end up back on your feet.