A notice to move out does not have to be scary. Find out what you can do if your landlord gives you an Eviction Notice.
What you will find out:
Getting an Eviction Notice is one of the few things that can make a renter freak out faster. Losing your home is a very real and scary threat. But as a renter, you might be able to stop the eviction process and keep your home by doing certain things. Here are answers to the most common questions asked by renters about what to do when they get an Eviction Notice.
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If I get an Eviction Notice, can I stop the eviction?
The best way to avoid being kicked out is to make sure you are not breaking the rules of your lease. Most people are kicked out of their homes for not paying rent, so paying any past-due rent and late fees usually stops an eviction. If it is because of something else, talk to your owner to find an answer that works for both of you. For example, if your landlord finds out you got a new pet even though the lease says you can’t, you might be able to find a new home for your pet or come up with another solution to avoid being kicked out.
If you do not think you are breaking your lease, you might also want to talk to your owner about that. Gather any proof you have, like lost checks that show you paid your rent on time, to show that your side of the story is true. If you think your landlord is lying to illegally kick you out of your home, you might want to talk to a lawyer about what you can do. If your owner has not been keeping up with repairs or avoiding problems, you may also want to send a Notice of Unhealthy and Unsafe Conditions on the rented property.
Each state has its own rules about what Eviction Notices must say to be acceptable, but they usually have to say the following:
Even if you move out instead of fighting the eviction after getting an Eviction Notice, it will not show up on your lasting record.
But if a court case is made against you or if a judge agrees with your owner and tells you to move out, this could stay on your record for life. Most cases are public information, which means that even if you win, there will be a record of it. A lot of landlords do background checks on potential renters to find out if their previous owners have tried to kick them out. No matter how the case turns out, owners usually do not want to rent to people who have been to court for eviction.
Also, an eviction ruling is almost always a very bad thing to have on your credit record. This can make it hard for you to pay in the future, get a loan, or even get a job in the future. Most people’s credit reports show an eviction ruling for seven years. Because of this, you should do everything you can to stop the eviction before it goes to court.
It might not be the best idea to fight being kicked out. If the renter can not fix the problem that led to the Eviction Notice and the notice was done properly, fighting it could lead to more serious legal implications. It is very important to get legal help as soon as possible, since missing dates could mean you lose your chance to fight an eviction.
But if you can not move out after getting an Eviction Notice because you do not have enough time or you can not afford to, you might be able to work out a plan. If you try to talk to the landlord before going to court, they may be more willing to work with you. If you need more time and your owner will not talk, fighting the eviction in court can buy you at least a few weeks to figure out what to do next.
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