This toolkit tells you about being evicted because your landlord thinks you caused serious damage to your home. This toolkit is not right 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 forms. Use the Checklist below to make sure you followed all the steps in the process. Go to Courts & Agencies for information about the court or agency 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 Damage/Health Hazard to Property, your landlord thinks you’ve caused a serious and continuing health hazard or extensive and continuing damage to the property. If you don’t remove the health hazard, repair the damage, or move out within seven days, your landlord can start an eviction case against you. Read the article Eviction for Creating a Health Hazard or Damage to the Property for more information about this kind of eviction.
You can’t be forced to leave your home before there is a judgment issued by the court and the sheriff’s office executes the eviction order. But if you go to court, you do risk having to pay additional court costs and fees if you lose.
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.