Help to Stop an Eviction
- The eviction process has several parts, which vary somewhat depending on your state's landlord and tenant laws. The first step is the written notice of termination. This notice informs you of lease termination, the reason for the termination, any cure for the problem and when the lease will be terminated. If you do not leave before or on the day of termination, the landlord can file the legal documents for eviction. Filing an answer to the eviction results in a hearing, while ignoring the summons gives the landlord a default judgment against you. The sheriff enforces the eviction judgment if the court rules in the landlord's favor, physically evicting the tenant.
- How long the eviction process lasts depends on your state's requirement for notice, as well as whether you have a defense. A typical eviction can take one to two months. The initial written notice period varies from three days up to 90 days, again depending on state laws and the reason for termination. Termination for nonpayment has the lowest average notice period, with tenants getting three to five days' notice before termination.
- You can stop an eviction in several ways. Negotiating with your landlord before you get to the point of eviction can avoid wasted time and money in court. Some courts require landlords and tenants to meet with a mediator before the eviction hearing, so you may be able to reach a settlement. If you catch up on your back rent or correct any lease violations during the notice period, your lease is reinstated. You can also move out during the termination notice period to stop the landlord from continuing with the eviction process.
Filing an answer to the eviction summons buys you some more time, as the landlord will not receive default judgment. Another temporary way to stop the eviction process is a bankruptcy filing. Bankruptcy does not completely stop an eviction, as the landlord can get the bankruptcy court to issue an exception to the automatic stay. - If you leave during the termination notice period, the landlord cannot proceed to the legal eviction filing. You avoid the public record of eviction appearing on any background checks or credit checks.
- One misconception about the eviction process is how the eviction judgment is carried out. The landlord cannot take any action forcing you to leave the rental unit before, during or after the eviction case. The sheriff or constable will remove you from the premises. If the landlord harasses you, removes your property, changes the locks before the physical eviction or shuts off the utilities, he is attempting a self-help eviction. Your local housing authority or police department can assist you with this issue.
