Evictions

1. You didn’t pay your rent

When you signed your lease, you agreed to pay a certain amount to your landlord in exchange for being able to live on the property. If you don’t pay your rent, your landlord can try to evict you for not holding up your end of the deal. For more about these kinds of evictions, see the “Demand for Compliance Nonpayment of Rent” packet.

In this case, your landlord has to give you 10 days of notice (there are some exceptions to the 10 day rule – see the packet for more information), called a “Demand for Rent or Possession”, to either pay what you owe or move out. If you can’t or don’t pay or move out within 10 days of getting this notice, your landlord can file an eviction in court. Your landlord cannot file an eviction in court earlier.

Even if your landlord files the case, you still have a right to pay what you owe up until the court issues the eviction. If you pay what you owe before the court issues the eviction, your landlord can’t evict you for nonpayment of rent.

2. You didn’t follow the rules in your lease

When you signed your lease, you agreed to follow the rules, or “terms” in the lease. If you don’t follow the rules in your lease, your landlord can try to evict you. For more information about these kinds of evictions, see the “Demand for Compliance for Lease Violations” packet.

If it’s your first violation, your landlord has to give you a written notice that gives you 10 days to fix the violation or move out. This notice is called a “Demand for Compliance or Possession.” If you don’t fix the violation, or move out, within 10 days of getting the notice, your landlord can file an eviction against you.

If it’s your second violation of the same part of the lease, your landlord does not have to give you time to fix the violation. This notice is called a “Notice to Quit for Repeat Violation,” and it gives you 10 days to move out. If you don’t move out within 10 days, your landlord can file an eviction against you.

If your violation is substantial, which means a violation involving criminal or illegal activity, drugs, or harm to people, your landlord does not have to give you time to fix the violation. The law only requires your landlord to give you a 3-day notice to move out, called a “Notice to Quit for Substantial Violation.” If you don’t move out within 3 days, your landlord can file an eviction against you.

3. Your lease ended

Some leases will have terms that say one side needs to give a notice to the other for the lease to end. Other leases might just end when the lease is over without any notice needed.

If your lease ends at the end of a specific time period and you do not qualify for protections under the “No Fault” eviction statute, then you have to move and neither you nor your landlord need to give any notice other than what is in the lease. If the lease has ended and you do not qualify for protections under the “No Fault” eviciton statute, either you or your landlord can end the lease, or choose not to renew it, for any reason. It’s important that you read your lease carefully and note what your lease says about its length and moving out.

If your lease is month-to-month, this means that you aren’t guaranteed a certain number of months, unless your lease says otherwise.

There are also several reasons your landlord might file a “no-fault” eviction against you, such as planned renovation or demolition of the property, intent to move a family member into the property, plans to sell the property, a tenant’s refusal to sign a reasonable new lease, or a history of not paying rent on time. If your landlord files an eviction against you for one of these reasons, and you haven’t done anything else wrong, your landlord usually has to give you at least 90 days’ notice before filing a lawsuit to have you evicted. Please see the “No-Fault Evictions” fact sheet for more details if your lease is ending or you are being evicted for one of these reasons.

If you have given your landlord a notice that you are terminating your lease and moving and you do not move out, your landlord can file an eviction case against you.

Comply with the Demand

If you got a Demand for Nonpayment of Rent: pay the full amount of rent your landlord demanded within the amount of time provided. Your landlord must typically give you at least 10 days to pay, but landlords that receive certain federal benefits or have federally backed mortgages often have to give you 30 days. If you pay all of what you owe, your landlord can’t file the eviction against you since you have held up your end of the lease.

If you got a Demand for Compliance: fix the problem causing the lease violation within 10 days of getting the demand. If you fix the violation, or “come into compliance” your landlord can’t file the eviction against you for the problem.

Whatever you do to comply with the demand, it is important to keep as much proof as possible that you did so, in case your landlord sues you even though you complied.

2. Move out before an eviction is filed against you

If you decide to move out, within 10 days of getting the demand you should:

• Take all of your belongings with you.
• Return all of the keys to your rental to your landlord.
• Make sure your landlord knows that you are moving out.
• Try to get a receipt or a written statement from your landlord that you have moved out and returned all of your keys.
  • If your landlord won’t give you a written statement, make sure you have proof that you moved out, and that you take pictures to document the condition of the rental property.

If you decide to move out, your landlord can’t evict you, but they can still sue you for unpaid rent, for damage to the property, and for breaking your lease.

3. Negotiate with your landlord

What this looks like can change depending on your lease and the problem. You could agree with your landlord to change the terms of your lease, agree that the lease will end early, agree to add a person to your lease, or any other outcome you and your landlord agree to.

If you can, make sure any agreement that you make with your landlord is in writing, and signed by both you and your landlord.

4. Go to Mandatory Mediation

If you receive certain benefits, you might have the right to Mandatory Mediation before your landlord can file an eviction in court. If you think you might qualify, see the “Mandatory Mediation” packet for more information.