{"id":15370,"date":"2020-09-21T09:00:12","date_gmt":"2020-09-21T13:00:12","guid":{"rendered":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/?p=15370"},"modified":"2022-11-28T12:06:11","modified_gmt":"2022-11-28T17:06:11","slug":"what-to-do-if-you-receive-an-eviction-notice","status":"publish","type":"post","link":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/what-to-do-if-you-receive-an-eviction-notice\/","title":{"rendered":"What to Do if You Receive an Eviction Notice"},"content":{"rendered":"<div style=\"margin-top: 0px; margin-bottom: 0px;\" class=\"sharethis-inline-share-buttons\" ><\/div><p>These are troubling times for all of us, but even more so for the poor. Thanks to <a href=\"https:\/\/www.bls.gov\/cps\/effects-of-the-coronavirus-covid-19-pandemic.htm#:~:text=About%2031%20percent%20of%20people,not%20in%20the%20labor%20force.&amp;text=Of%20the%2016.9%20million%20people,business%20due%20to%20the%20pandemic.\" target=\"_blank\" rel=\"noopener noreferrer\">devastating job losses<\/a>, <a href=\"https:\/\/www.washingtonpost.com\/business\/2020\/07\/01\/pay-cut-economy-coronavirus\/\" target=\"_blank\" rel=\"noopener noreferrer\">wage cuts<\/a>, and <a href=\"https:\/\/www.cnn.com\/2020\/08\/05\/business\/grocery-prices-rising\/index.html\" target=\"_blank\" rel=\"noopener noreferrer\">rising prices<\/a>, \u2018the poor\u2019 encompasses more and more of the population every day.<\/p>\n<p>As eviction moratoriums began to expire state-by-state this summer, anxiety rose. Some much-needed good news came in the form of a new moratorium on evictions put in place by the CDC, which will last through the end of this year. However, there are some major drawbacks:<\/p>\n<ul>\n<li>You must attest to a list of statements describing why you can\u2019t pay rent and what you\u2019re doing, to start. Not everyone deserving a reprieve meets these guidelines.<\/li>\n<li>You\u2019ll still owe the cumulative rent you didn\u2019t pay when the moratorium expires. If you don\u2019t make at least a portion of the payments during the moratorium, this lump sum could result in swift grounds for eviction.<\/li>\n<li>Housing groups and landlords may try to challenge the moratorium order in court.<\/li>\n<\/ul>\n<p>Whether you are facing eviction now or anticipating it come January 1st, you need to know what your rights are and the actions you can take. This guide will prepare you to fight to retain safe housing.<\/p>\n<p>This article will cover eviction processes that exist in every state, as well as general information about fighting eviction. This information will help you better understand what you\u2019re up against and what your rights are. When fighting eviction, there are some state-to-state differences in processes that are important to be aware of, as well. They will be covered in a separate article.<\/p>\n<h3>You Were Served an Eviction Notice, Now What?<\/h3>\n<p>No matter what state you live in, under the current COVID-19 moratorium, your first step to prevent eviction is to sign a Tenant Declaration form and give it to your landlord. Assuming you meet the terms of the declaration, this prevents you from being evicted until December 31st, 2020. After that\u2014or if you cannot meet the terms of the declaration\u2014the following steps\/resources will be useful to you.<\/p>\n<p>It\u2019s also important to check whether you qualify for financial help through a COVID-19 relief program. Many states have funds set aside to help people who are struggling to pay rent during the pandemic. The National Low Income and Housing Coalition has an <a href=\"https:\/\/nlihc.org\/rental-assistance\" target=\"_blank\" rel=\"noopener noreferrer\">online database<\/a> through which you can find local emergency assistance programs.<\/p>\n<p>The following information describes how the eviction process works. This information is true, with minor differences, in each state. By understanding how things are supposed to work according to the law, you can make a case against illegal action being taken by your landlord.<\/p>\n<p>Make sure you are educated in your rights and stay vigilant. Many landlords do not expect their tenants to understand eviction proceedings and try to take advantage of them.<\/p>\n<h4>A landlord files one of three types of evictions. The terms used below may be different depending the state you live in, but they mean more or less the same thing.<\/h4>\n<ol>\n<li><strong>Pay Rent or Quit Notices:<\/strong> This type of notice is given when you aren\u2019t paying rent. The notice gives 3-5 days to pay or vacate (otherwise you\u2019ll be taken to court).<\/li>\n<li><strong>Cure or Quit Notices:<\/strong> This notice is given when you violate a term on your lease\u2014through excessive noise, having pets, etc. You\u2019re given a set amount of time to fix the problem.<\/li>\n<li><strong>Unconditional Quit Notices:<\/strong> These notices don\u2019t give you a certain amount of time to vacate, meaning you must leave immediately. They\u2019re reserved for more serious offenses like going a long time without paying rent, extensively damaging property, or committing serious crimes on the property like selling drugs.<\/li>\n<\/ol>\n<p>Remember that just because you receive an eviction notice doesn\u2019t mean you have to vacate the premises. You can\u2019t be forced to leave until you\u2019ve been taken to court by your landlord. How does the whole process work?<\/p>\n<ol>\n<li>You are served an eviction notice. Landlords may do this in-person or place the notice on your door as well as in the mail.<\/li>\n<li>If you don\u2019t vacate, the landlord can take you to eviction court.<\/li>\n<li>Go to court, with a lawyer, and present your case.<\/li>\n<li>Be evicted through a Writ of Possession. This gives you a certain amount of time\u2014usually 24 or 48 hours\u2014to move out, otherwise a sheriff can forcibly remove your belongings and padlock your door.<\/li>\n<\/ol>\n<h4>The following are a few things to be watchful for:<\/h4>\n<ul>\n<li>Make sure your landlord is not discriminating against you on the basis of sex, race, disability, family status, or any other reason prohibited by law.<\/li>\n<li>If your landlord is refusing to renew your lease, make sure you had advanced notice of the non-renewal; <em><strong>this is required by law<\/strong><\/em>.<\/li>\n<li>Your landlord <em><strong>cannot forcibly remove you and your belongings without a court order<\/strong><\/em>. They may threaten you with this to try to get you to leave voluntarily, but until they have gone through the courts and have a Write of Possession, they cannot.<\/li>\n<\/ul>\n<h3>What Varies State-by-State?<\/h3>\n<p>There aren\u2019t many state differences in how the eviction process works. However, there are some technicalities, such as amount of time between steps of the process, and avenues you and your lawyer can pursue. These technicalities may help you build a better case against your landlord. A few differences include:<\/p>\n<ul>\n<li>Number of days you have to leave the premises after you\u2019re served the eviction<\/li>\n<li>How many days you have to vacate after being served a Writ of Possession<\/li>\n<li>Some states allow for specific motions to be filed, which may help you in your court case<\/li>\n<\/ul>\n<p>In nearly every eviction case, <strong>you should have a lawyer helping you<\/strong>. Lawyers are expensive, and if you\u2019re facing eviction, you probably don\u2019t have excess funds to hire one. That\u2019s why there are legal aid agencies. These agencies exist to help people who can\u2019t afford to hire lawyers and offer legal advice and representation for little to no fees.<\/p>\n<p><em>Don\u2019t feel obligated to immediately move out.<\/em> Instead, explore and exhaust every option you have. Below are resources and information about specific states\u2019 eviction processes. It\u2019s important to remember that no matter the reason for eviction, there are resources and advocates available to help.<\/p>\n<h1>How to Face Eviction in Your State<\/h1>\n<p>If you\u2019ve received an eviction notice, it\u2019s important to understand the basics of the eviction process. There\u2019s a standard procedure in every state:<\/p>\n<ol>\n<li>Being served an eviction notice<\/li>\n<li>Landlord taking you to eviction court<\/li>\n<li>Presenting your case in court<\/li>\n<li>Being forcibly moved out through a Writ of Possession<\/li>\n<\/ol>\n<p>However, it\u2019s important to understand the unique procedures in your state of residence, too. This doesn\u2019t take the place of having a qualified lawyer. No matter what your circumstances are, you should always have a lawyer, or at least legal advice, when facing eviction. Knowing local laws will help you understand the timeline you\u2019re working with, utilize best resources, and make informed decisions.<\/p>\n<p>The following is a list of states with the highest rates of evictions. In all of the states listed below, <a href=\"https:\/\/www.cnbc.com\/2020\/07\/27\/how-the-eviction-crisis-will-impact-each-state.html\" target=\"_blank\" rel=\"noopener noreferrer\">over 45% of renter households<\/a> are unable to pay rent and are at risk for eviction. Pertinent eviction information is listed under each along with local legal aid agencies.<\/p>\n<p>If your state is not on this list, the <a href=\"https:\/\/www.americanbar.org\/groups\/probono_public_service\/research_pro_bono\/pro-bono-resource-directory\/\" target=\"_blank\" rel=\"noopener noreferrer\">American Bar Association<\/a> has a directory of legal aid agencies and law firms offering low-cost or pro bono services.<\/p>\n<h3>Florida<\/h3>\n<p>Landlords in Florida must give a 3-day written warning to tenants who are not paying rent. They must give a 7-day written notice before evicting tenants for other lease violations. For violating terms of the lease, the tenant has the right to fix or \u201ccure\u201d the problem within seven days. If the tenant breaks lease terms again within 12 months, they don\u2019t have to be given a chance to fix the problem.<\/p>\n<p>Also unique to Florida, renters who are taken to court can dispute the amount of rent they owe their landlord by filing a \u201cMotion to Determine the Amount of Rent to Be Paid.\u201d<\/p>\n<p><em>Resources:<\/em><\/p>\n<ul>\n<li><a href=\"https:\/\/www.clsmf.org\/service\/housing\/\" target=\"_blank\" rel=\"noopener noreferrer\">Community Legal Services of Mid-Florida<\/a><\/li>\n<li><a href=\"https:\/\/www.hofla.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Heart of Florida Legal Aid<\/a><\/li>\n<li><a href=\"https:\/\/www.lsnf.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Legal Services of North Florida<\/a><\/li>\n<\/ul>\n<h3>Texas<\/h3>\n<p>In Texas, a 3-day notice must be given for both nonpayment of rent and violating another term of lease. Exceptions are made if the lease specifies the amount of time a tenant has to pay rent or fix the violation.<\/p>\n<p>It\u2019s important to note Texas landlords are able to change the locks before having a Writ of Possession from a court hearing. However, tenants must be granted entry to the property immediately upon request. Landlords may do this as a scare tactic.<\/p>\n<p><em>Resources:<\/em><\/p>\n<ul>\n<li><a href=\"https:\/\/www.trla.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Texas RioGrande Legal Aid<\/a><\/li>\n<li><a href=\"https:\/\/internet.lanwt.org\/en-us\" target=\"_blank\" rel=\"noopener noreferrer\">Legal Aid of Northwest Texas<\/a><\/li>\n<li><a href=\"https:\/\/lonestarlegal.blog\/\" target=\"_blank\" rel=\"noopener noreferrer\">Lone Star Legal Aid<\/a><\/li>\n<\/ul>\n<h3>Mississippi<\/h3>\n<p>Renters in Mississippi are given a 3-day notice in cases of nonpayment. For reasons other than nonpayment of rent, a 30-day notice is given.<\/p>\n<p>If your landlord hasn\u2019t made repairs you properly requested, you could be entitled to an offset of rent due to the failure to repair. If you had to make repairs to your rental after properly requesting your landlord make the repairs, you could also be entitled to an offset of rent.<\/p>\n<p><em>Resources:<\/em><\/p>\n<ul>\n<li><a href=\"http:\/\/www.mscenterforlegalservices.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Mississippi Center for Legal Services<\/a><\/li>\n<li><a href=\"https:\/\/www.mslegalservices.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">MS Legal Services<\/a><\/li>\n<\/ul>\n<h3>West Virginia<\/h3>\n<p>Landlords in West Virginia can go directly to court, without having to give notice to tenants to vacate. The same applies if you\u2019ve violated the terms of your lease in any way.<\/p>\n<p>Landlords still must go through the proper court proceedings and obtain a Writ of Possession before forcibly removing tenants. Tenants also still have the right to contest any eviction.<\/p>\n<p><em>Resources:<\/em><\/p>\n<ul>\n<li><a href=\"https:\/\/www.lawv.net\/\" target=\"_blank\" rel=\"noopener noreferrer\">Legal Aid of West Virginia<\/a><\/li>\n<\/ul>\n<h3>Tennessee<\/h3>\n<p>Tennessee gives renters a bit longer to vacate or pay rent after being served an eviction notice. Here, a 14-day notice is given. If the eviction is due to breaking terms of the lease, a 30-day \u201cnotice to cure\u201d is given, which means the tenant has 30 days to fix the violation.<\/p>\n<p>A separate 3-day notice is given to tenants participating in any kind of drug-related activity.<\/p>\n<p><em>Resources:<\/em><\/p>\n<ul>\n<li><a href=\"https:\/\/las.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Legal Aid Society of Middle Tennessee and the Cumberlands<\/a><\/li>\n<li><a href=\"https:\/\/www.laet.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Legal Aid of East Tennessee<\/a><\/li>\n<\/ul>\n<h3>Louisiana<\/h3>\n<p>Landlords in Louisiana are required to serve a 5-day Notice to Vacate for non-payment of rent or other violation of lease terms. In this state, landlords aren\u2019t required to give the tenant any amount of time to pay. Tenants must leave after 5 days, regardless of whether or not they pay, or else be taken to court.<\/p>\n<p><em>Resources:<\/em><\/p>\n<ul>\n<li><a href=\"https:\/\/slls.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Southeast Louisiana Legal Services<\/a><\/li>\n<li><a href=\"https:\/\/www.la-law.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Acadiana Legal Service Corporation<\/a><\/li>\n<\/ul>\n<h3>Georgia<\/h3>\n<p>Like West Virginia, landlords in Georgia can begin court proceedings right away if tenants don\u2019t immediately vacate upon request. However, tenants have seven days after the fact to reverse any legal action if they catch up on rent.<\/p>\n<p>There are no statutes for evictions for other reasons, like breaking lease terms. This gives more freedom to landlords and no protection to tenants.<\/p>\n<p><em>Resources:<\/em><\/p>\n<ul>\n<li><a href=\"https:\/\/www.glsp.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Georgia Legal Services Program<\/a><\/li>\n<li><a href=\"https:\/\/atlantalegalaid.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Atlanta Legal Aid Society<\/a><\/li>\n<\/ul>\n<h3>Iowa<\/h3>\n<p>If tenants do not pay rent, landlords can serve a 3-day eviction notice. Other reasons a landlord in Iowa may evict someone with 3-day notice include creating a clear and present danger or staying over after the lease has expired. For breaking any other term of lease, a 7-day notice is given.<\/p>\n<p><em>Resources:<\/em><\/p>\n<ul>\n<li><a href=\"https:\/\/www.iowalegalaid.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Iowa Legal Aid<\/a><\/li>\n<li><a href=\"https:\/\/www.legalaidstory.com\/\" target=\"_blank\" rel=\"noopener noreferrer\">Legal Aid of Story County<\/a><\/li>\n<\/ul>\n<h3>Missouri<\/h3>\n<p>In Missouri, landlords can take tenants straight to court if they don\u2019t pay owed rent immediately upon request. They still must serve an eviction notice, but there\u2019s no set amount of time they must wait before filing an eviction case. Tenants have until the date of the trial to pay back their debt. For lease violations other than rent, tenants have 10 days to correct the issue.<\/p>\n<p>Missouri tenants who have lost their court case can appeal the judgment up to 10 days after the hearing. In order to stay in the property during the 10 days, tenants must pay the courts (post bail) for a full amount of the judgment.<\/p>\n<p><em>Resources:<\/em><\/p>\n<ul>\n<li><a href=\"https:\/\/lawmo.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Legal Aid of Western Missouri<\/a><\/li>\n<li><a href=\"https:\/\/www.lsosm.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Legal Services of Southern Missouri<\/a><\/li>\n<li><a href=\"https:\/\/lsem.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Legal Services of Eastern Missouri<\/a><\/li>\n<\/ul>\n<h3>Kentucky<\/h3>\n<p>Landlords in Kentucky must give tenants a 7-day notice to catch up on rent before filing for an eviction court hearing. For all other lease violations, they must give tenants a 14-day notice to vacate.<\/p>\n<p>Unique to Kentucky, a &#8220;forcible detainer settlement agreement&#8221; is an agreement the tenant and landlord can make during a court hearing. It outlines the damages and money owed to the landlord, stipulates when the tenant will pay it back, and when the tenant can expect to stay or move out.<\/p>\n<p><em>Resources:<\/em><\/p>\n<ul>\n<li><a href=\"https:\/\/www.klaid.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">Kentucky Legal Aid<\/a><\/li>\n<li><a href=\"https:\/\/lablaw.org\/home\" target=\"_blank\" rel=\"noopener noreferrer\">Legal Aid of the Bluegrass<\/a><\/li>\n<li><a href=\"https:\/\/www.ardfky.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">AppalReD Legal Aid<\/a><\/li>\n<\/ul>\n<h3>New York<\/h3>\n<p>The two types of evictions in New York are \u201cnonpayment cases\u201d and \u201choldover cases.\u201d The former is a result of not paying rent, and the latter results from any other type of lease violation. A 3-day notice is given for nonpayment cases. The length of notice for holdover cases <a href=\"https:\/\/nycourts.gov\/courts\/nyc\/housing\/startingholdover.shtml\" target=\"_blank\" rel=\"noopener noreferrer\">depends on the type of violation<\/a>. There are different \u201cpredicate notices\u201d for different lease violations, and in many cases your landlord must have served you the correct one to evict you for the violation.<\/p>\n<p><em>Resources:<\/em><\/p>\n<ul>\n<li><a href=\"https:\/\/www.legalaidnyc.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">The Legal Aid Society<\/a><\/li>\n<li><a href=\"https:\/\/www.nylag.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">New York Legal Assistance Group<\/a><\/li>\n<\/ul>\n<h3>Never Give Up Hope<\/h3>\n<p>Landlords can never demand you move out immediately. You always have time, at the very minimum the length of time it takes to plan a court hearing, to come up with a plan. Use this time wisely by working with your resources as best you can. Even during the court hearing, there are many avenues you and\/or your lawyer can explore to win your case. <em><strong>Continue to educate yourself on eviction processes so your landlord doesn\u2019t take advantage of you and your situation.<\/strong><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>These are troubling times for all of us, but even more so for the poor. Thanks to devastating job losses, wage cuts, and rising prices, \u2018the poor\u2019 encompasses more and more of the population every day. As eviction moratoriums began &hellip; <a href=\"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/what-to-do-if-you-receive-an-eviction-notice\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":21,"featured_media":15371,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"footnotes":""},"categories":[456,7639,10139,14097],"tags":[15524,13939,13940,7627,14403,15712,10800,253,832,515,508],"coauthors":[9291],"acf":[],"_links":{"self":[{"href":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/wp-json\/wp\/v2\/posts\/15370"}],"collection":[{"href":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/wp-json\/wp\/v2\/users\/21"}],"replies":[{"embeddable":true,"href":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/wp-json\/wp\/v2\/comments?post=15370"}],"version-history":[{"count":2,"href":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/wp-json\/wp\/v2\/posts\/15370\/revisions"}],"predecessor-version":[{"id":20289,"href":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/wp-json\/wp\/v2\/posts\/15370\/revisions\/20289"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/wp-json\/wp\/v2\/media\/15371"}],"wp:attachment":[{"href":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/wp-json\/wp\/v2\/media?parent=15370"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/wp-json\/wp\/v2\/categories?post=15370"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/wp-json\/wp\/v2\/tags?post=15370"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/wordpress-537697-2997182.cloudwaysapps.com\/wp-json\/wp\/v2\/coauthors?post=15370"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}