Contents
Understanding How the Eviction Process Works
No renter ever wants to find themselves up against an eviction. If it does happen though, it’s important to be as informed as possible about the eviction process and how it works—including whether or not you have grounds for an appeal.
Eviction laws vary by state, which means that there is no federal eviction process that all landlords must follow. That being said, there are some standard steps to eviction that are followed in most localities. It’s up to you, the tenant, to understand your rights and your role. And to help you out, we’ve put together this quick guide to how the eviction process works. In addition to reading through it, we encourage you to check out our article on how to get renter’s assistance in case you are unable to pay your rent and are worried about receiving an eviction notice.
Reasons You Can Be Evicted
There are a few different reasons that a landlord can legally serve a tenant with an eviction notice. Usually, evictions are not unexpected or the first step in trying to resolve a conflict. And in some cases, you may be able to resolve the issue without the eviction process moving forward.
Legal reasons that a landlord may evict a tenant include:
- Failure to pay rent
- A lease violation, such as not abiding by a pet policy, having unapproved occupants living in the unit, or having an abundance of nuisance complaints
- Engaging in illegal activity within the unit
- Extensive property damage
Reasons that a landlord may not legally evict a tenant include:
- Discrimination based on religion, sex, race, color, national origin, disability, or familial status
- Retaliation (for example: in response to a tenant complaining about the unit or filing legal action against a landlord)
- Failure to pay rent due to an unaddressed health or safety issue within the unit
In some cases, a landlord may also file an eviction notice without cause, which is when an eviction is filed without a direct reason such as those stated above. The laws vary on how much notice needs to be provided for an eviction without cause, however it’s usually around 30 to 60 days.
How The Eviction Process Works
An eviction is not an overnight process. There are various steps that a landlord must follow in order to evict a tenant, and the specifics can and do vary by state. Here is a general outline however of what you can expect during the eviction process.
Written Notice
Court Filing
Eviction Hearing
Lockout
Getting Help During an Eviction
Even if an eviction is valid it doesn’t make it any easier on the tenant. In addition to dealing with the eviction process itself, you also must make plans for where and how you’re going to move. Fortunately, you may be able to get assistance.
The Continuum of Care Program, which is run by the U.S. Department of Housing and Urban Development (HUD) is designed to help transition people into stable housing environments. Non-profits that participate in the program offer services such as emergency assistance for back rent, landlord and tenant mediation, and referrals to free legal aid. They can also assist in getting individuals into short- or long-term housing.
To find a Continuum of Care provider near you, search “Continuum of Care + [your state or your county].” From there, you should be able to access information on state and local non-profit agencies that provide these services.
Also worth looking into is whether your state has an eviction hotline. In New York, for example, tenants facing an eviction can call the Eviction Prevention Program hotline, run by the Coalition for the Homeless. Hotlines like these can connect you to various resources, including grants to put toward housing.
Finding New Housing
If you do have the funds to secure new housing, then you will want to find a place to live as soon as possible, and certainly prior to the lockout date. Look into short-term housing options, as well as solutions for short-term storage. Reach out to your support network too, to see if you have any friends or family members that you would be able to stay with while you figure out your future housing.
Your best bet when dealing with the eviction process is to avoid it entirely. Keep an open line of communication with your landlord, and try to work out alternate solutions to ongoing problems whenever possible. And if you fear that you may be presented with an eviction notice but are unable to pay for an attorney, free legal help may be available for you. Head to the Legal Services Corporation (LSC) to seek legal aid in your state.