This toolkit tells you what you need to know if you are being evicted for not paying your rent. This toolkit is not for you if you live in subsidized housing or if you are being evicted from a mobile home park. For general information about what to do if you are facing this kind of eviction, read the Articles. Read the Common Questions if you have a specific question. If you received a complaint and are facing eviction, use the Forms link to prepare your form. Use the Checklist below to make sure you follow all the steps in the process. Go to Courts & Agencies for information about the court that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
You could be evicted for doing something that violates your lease or the law, such as:
- Not paying your rent
- Creating a serious and continuing health hazard in or near your home
- Causing extensive damage to your home or property
- Using the home for illegal drug activity
- Moving into the property without the owner’s permission
- Staying in the property without the owner’s permission
You could also be evicted if any of the following happen:
- The lease ends
- You have a month-to-month lease or no lease
- The redemption period after a mortgage foreclosure of the home you own ends
Read Eviction: What Is It and How Does It Start? to learn more about why you could be evicted.
If you’ve gotten a Demand for Possession for Nonpayment of Rent, your landlord wants you to pay the amount of rent you owe or move out. If you don’t do one of those things within seven days, your landlord can start an eviction case against you. Read the article Eviction for Nonpayment of Rent to learn about this type of eviction.
You can’t be forced to leave your home before a judgment is issued by the court and the sheriff or other law enforcement officer executes the eviction order. If you go to court, you risk having to pay additional court costs and fees if you lose. However, you will not be responsible for your landlord's legal fees.
Yes. You and your landlord can work out an agreement or resolution anytime before you go to court. If you can’t resolve it yourselves but don’t want to go to court, you might be able to use mediation and work with a neutral third party to reach an agreement.
If you and your landlord reach an agreement after the complaint has been filed, you can put the details in writing in a dismissal. Both you and your landlord need to sign it.
If you do reach an agreement, contact the court to see if you still need to go to the hearing to tell the court about your agreement. If you don’t do this, you could end up with a default judgment against you, which could lead to eviction.