How to Stop an Eviction Notice

T.C. Clark

Evictions are always stressful and rarely expected. As such, there is little you can do to prevent a notice (except paying the rent in time). Once you have received an eviction notice, however, there are a series of legal steps you can take to stop the process and ensure that you retain your living quarters.

Instructions

1. Try to settle the dispute with your landlord. Depending on the reasons for eviction, this may mean having to pay past due rent or complying with requirements such as not having guests over anymore. Any new agreement should be put in writing to prevent future misunderstandings, and you may have to pay any fees (such as marshal or filing fees) incurred by the landlord.

2. File an Appearance Form if you have received an official summons, rather than simply a notice. This must be done by visiting the courthouse where the eviction was filed (the address will be noted in the summons you receive) and will serve as your intention of fighting the eviction. If you don't file, you have no chances of stopping the process.

3. Contact the local Eviction Prevention Program of your local government if you are in a risk category and would be especially harmed by being evicted. People who have additional protection include those who are over 65, disabled or with very small kids, living in public housing or a Section 8 building. Organizations like Statewide Legal Services (available only through the phone at [phone]) offer housing assistance and protection against unfair evictions to those who meet special characteristics such as the ones mentioned here.

4. Evaluate your options. If you have been summoned to appear in court, this could mean two things: either the landlord is trying to obtain the payment with the authorities as a witness (known as Motion for Payment into Court) or he is fighting for you to leave the premises as soon as possible, regardless of whether or not you have paid. In either case, a hearing organized by the court can help delay or even stop the process if the issues involved can be resolved amicably.

5. Find out if your eviction is illegal. There are a list of cases in which it always is, which means the chances of you having to vacate the premises, even after a hearing or summons, are rather small. These include the risk categories mentioned above, plus cases in which you refused to pay because of unsafe conditions (apartments lacking heat or with a rodent problem, for example), or in which notices came after you filed a complaint or as a result of discrimination (sex, race, religion or disability).

Tips & Warnings

• If you think you have been illegally evicted, contact a lawyer. You may have legal resources to either get back into the apartment or receive money for your troubles.

Resources

• Eviction Prevention Program