How to Avoid Eviction

Paying Rent

Make timely payments. The easiest way to avoid eviction is to pay your rent on time. Read your lease to see if there is any grace period (such as three or five days). In any event, you should pay your full rent when it is due. Try to get receipts for your rent, also. In some states, a landlord must provide a receipt if the rent is paid in cash. You should always try to get a receipt as it will serve as proof of a timely payment.

Talk to your landlord if you can’t make rent. Rather than wait for your landlord to contact you about late rent, you should be proactive. Call your landlord and admit that you can’t make your rent payment. Ask if you can get an extension for a few days. Also be willing to make at least partial payment on time. This can show the landlord that you are asking for an extension in good faith. Before asking for an extension, you should know whether or not you will be able to come up with the money. Your landlord will want to know why you don’t have the rent money when it is due. You need to give him or her a reason to believe you will come into money soon. For example, if your child support payment is late, then you can tell your landlord when you expect to receive it.

Set a budget if necessary. If you find that you are consistently late on rent, then you should try to adjust your budget so that you have money to pay your rent. You can begin setting a budget by going through your monthly expenses and seeing what you can cut. Right off the top, you should be able to cut entertainment expenses (like Netflix, movies, music) and restaurant/bar expenses. If you purchase a morning coffee, you can save a few dollars a day by making your own coffee at home. If you don’t know where your money is going, track everything you spend for one week. Carry around a notebook and enter every purchase, no matter how small. At the end of the week, look and see what you are spending money on. For other tips on creating a budget, see Create a Household Budget.

Receive your Notice to Quit. When you fail to pay rent, your landlord can start eviction proceedings by giving you a Notice to Quit. If you have a lease, then you can cure the non-payment before the deadline specified in the Notice to Quit. If you do not have a lease, then the cure date will be specified in your state’s statute.

Make back payments. If you manage to cure the deficiency, then you can stay in the apartment. You should try to cure as soon as possible. If you can borrow money from friends or family, then do so. However, be careful about taking out payday loans to cover your rent. These loans have high interest rates. You don’t need to go deeper into debt. Your landlord might refuse your attempt to cure by not accepting your owed rent payments. You should try to have a witness go along with you and watch you attempt to give the landlord money. If you do not have a witness, then mail the rent certified mail, return receipt requested.

Pay interest and court costs, if required. If you receive a summons and a complaint for eviction, then your landlord has moved to evict you. You can still cure the non-payment of rent. However, now you will need to pay any rent owed, any applicable interest, and the costs your landlord incurred by filing the eviction case.

Curing A Lease Violation

Read your lease. Your landlord can also evict you for violating a term of your lease. For example, if the lease states you cannot have pets, then you can be evicted for sneaking a pet into your apartment. Read your Notice to Cure and see what the violation is. Then take out your copy of the lease and see if the landlord’s interpretation of the lease provision is the correct one.

Agree to cure. You should cure the violation by the deadline in the Notice to Cure. The Notice to Cure should tell you exactly what you have been doing that the landlord believes is a violation of your lease. If you think you won’t be able to meet the deadline, then talk to your landlord. Explain your situation. For example, you may be trying to get a new home for the pet. Let the landlord know when you will be able to have the pet move out. You have a strong incentive to cure the violation. If the landlord ultimately evicts you, then he or she could still charge you for rent. In other words, you will have to pay rent until the lease expires—although you won’t be allowed to live in the apartment.

Work out problems with neighbors. Your landlord might be getting complaints about you from neighbors. In fact, unless the landlord lives in your building, he or she probably is only aware of what you are doing because of complaints from other tenants. If you make too much noise at night, then other tenants may be complaining about you. You should try to resolve differences with any neighbors. For example, your neighbor could work odd hours and be sleeping in the middle of the day when you do your dance exercises. Try to come to some sort of agreement so that you can live peaceably beside each other. For more information, see Be a Good Neighbour.

Contacting an Eviction Prevention Program

Check if you qualify. The exact requirements for eviction prevention programs (EPP) will vary by state. Generally, however, these programs were created to help low or moderate income renters who were suddenly facing a hardship or circumstance outside their control. The program helps participants avoid an eviction by paying one or more month’s rent. Typically, the program requires that you be in imminent danger of eviction. For example, you should have received an eviction notice. Also, no more than 60% of your income can be spent on your housing costs. If you spend more, the program will probably think that your situation is not sustainable. Although EPPs provide short-term relief, they are not designed to subsidize your rent month after month.

Find an EPP in your state. You should check to see if there is an eviction prevention program in your state or county. They can be funded by federal or state dollars. Most federal programs are administered by local organizations. Call the Salvation Army to ask if there is a program in your area. States also administer their own EPP programs. Type your state and “eviction assistance” into a search engine. You can also contact your state’s Department of Public Welfare.

Get the landlord to agree. You cannot participate in these programs unless the landlord agrees to participate as well. You should talk to your landlord and explain your situation. If you have been a good tenant who always pays rent on time, then gently remind the landlord of that fact. Your landlord also might not know about the tragedy that has struck you. He or she might be very sympathetic if you explain what has happened and how you are coping.

Gather documentation. You should have proof of how much money you bring in each month. Collect proof of income, such as pay stubs or direct deposit slips. Also bring a photo ID and a Notice to Quit or other notice. You will also need proof of the emergency that is beyond your control. If someone in your family has suffered a medical emergency, for example, then retain copies of hospital and doctor bills.

Call. You should call the agency and ask whether or not you need to set up an appointment or whether walk-ins are welcome. You shouldn’t wait to ask for assistance. These programs can run out of money quickly.

Negotiating with Your Landlord

Think about what you want. Before suggesting mediation to your landlord, you need to think about what you want. If you can’t afford the current rent, then you will need to figure out what you can afford. You should only agree to something that is realistic for you. Your landlord might be trying to evict you because you make too much noise or because you violated another provision in the lease (like no grilling on the stairwell). You can promise to change your behavior if given a chance to remain in the apartment. If you have been habitually late with rent, then you need to give the landlord a reason why you won’t be late any more. For example, you may get an alimony or child support check in the middle of the month. If so, ask the landlord if you can change the due date for the rent to the middle of the month.

Ask the landlord for mediation. In mediation, a third party acts as a neutral mediator. He or she is not a judge and does not make decisions. Instead, the mediator listens to each side of the story and tries to guide each side to agree to a mutually-acceptable solution. Mediation is also voluntary. If you and the landlord cannot come to an agreement, then either one of you can walk away. Remember that the landlord has some incentive to settle with you as well. Even if the landlord wins the legal case, he or she will still have to spend time and money going to court. By settling, your landlord can avoid the cost and unnecessary hassle of a court hearing.

Find mediators. Check with your local courthouse if they offer a mediation program. Many do. You might also need to contact your city manager’s office or local bar association and ask if they have mediation programs. Mediation can either be free or cost a fee. The fee can be quite small. For example, mediation is $25 a party in Dane County, Wisconsin.

Prepare for mediation. You can prepare for mediation by understanding the facts in your case. You will be more effective in mediation if you try to see things from your landlord’s perspective. You won’t win anything in mediation by slanting the facts, so look at your situation objectively. Be realistic. Did you really violate the lease? Are you constantly late with rent? If you have failed to follow through on promises before, then you should understand why your landlord doesn’t trust you. Consider whether the landlord’s feelings were hurt. People sometimes don’t behave rationally when their emotions are bruised. Determine what conditions you are willing to accept. Can you live with not playing the drums after 9:00 pm? Are you prepared to give your pet up?

Be honest in mediation. You shouldn’t lie to the mediator. The mediator is there to find a workable solution, not to assign blame. You should write down what you would agree to before going to mediation so that if you are nervous you will remember what you want to say. Remember not to make personal attacks. Your landlord might shut down and no longer be willing to negotiate. Also be open to the landlord’s suggestions. You are unlikely to get everything that you want in negotiations, so listen carefully and try to be flexible.

Draft a settlement agreement. Your settlement agreement (or stipulation) should lay out the terms of your agreement. Your mediator should help you write it. Once it is finished, each party should sign. If a lawsuit has already been started, then you also need to file the agreement with the court. Make sure that it is actually filed. If the landlord wants to file, go with him or stop into the court clerk’s office and ask if it has been filed. Be sure to take a copy of the settlement agreement home with you also. You will want proof of the agreement for your own records.

Fighting an Eviction in Court

Meet a lawyer. If you have questions about how to avoid an eviction, then you should think about meeting with an experienced landlord-tenant lawyer. Often, lawyers will offer an initial consultation for free or for a reduced fee. If you can’t afford a lawyer, then look into legal aid organizations in your area. Legal aid organizations provide free legal services to those in financial need. You can find a legal aid organization near you by looking in the phone book or by visiting the Legal Services Corporation’s website at www.lcs.gov.

Check if your landlord followed correct procedures. Your landlord has to follow specific rules in order to evict you. If he or she didn’t, then you can contest the eviction. You should take the Notice to Quit and your copy of the complaint and summons to your initial consultation with a lawyer. Look for the following: The Notice to Quit is not in the proper form. Some state laws are quite specific about what the Notice to Quit has to say. For example, a landlord in Maine must explicitly tell you in the Notice to Quit that you can avoid the eviction if you pay rent before the notice expires. You should find what your state requires. The Notice to Quit was not served properly. State laws can also be specific about how much advance notice you must be given and how the Notice to Quit must be served on you. For example, in Michigan, a Notice to Quit must be delivered personally on either you or to a member of your family (or else an employee). Landlords in Michigan can also mail it to you first class. They cannot, however, slip it under the door. The landlord engaged in self-help. Most states prohibit a landlord from trying to physically remove tenants, lock them out, cut off utilities, or remove the tenants’ property. If your landlord did any of these, then get a witness and take pictures. Refusal to accept your attempt to cure. If you tried to pay rent but the landlord refused, then you should gather your evidence.

Fill out a Motion to Dismiss. You can get your case dismissed if the landlord did not follow proper format when giving you the Notice to Quit. Ask your court clerk if there is a form Motion to Dismiss that you can fill out. If not, then check with local legal aid organizations, which sometimes have forms printed. After completing the form, you must file it with the court. Make two copies: one for your records and one for the landlord. Have the clerk date stamp all copies. You will probably have to pay a filing fee. When you pick up your “fill in the blank” Motion to Dismiss form, ask the court clerk how much it costs to file. If you can’t afford the fee, then ask for a fee waiver form. You can serve the Motion to Dismiss on the landlord. Ask the court clerk for what are acceptable methods of service. Often, you can mail the form.

Realize that this buys you some time. The landlord can always refile a lawsuit. For example, if the landlord’s Notice to Quit was insufficient, he can serve you with a properly drafted Notice to Quit and try to evict you all over again.

Go to trial. If you can’t get the case dismissed, then you will need to have a hearing. At the hearing, you can present documents to the judge and ask any witnesses to appear on your behalf. For more information on how to defend yourself in court during an eviction proceeding, see Dispute an Eviction.