The Eviction Process: FAQ

Evictions are often stressful and scary for most renters. In many evictions, renters only get three days’ notice to fix the underlying problem or leave their rental unit. Three days to pack up their personal property, find a new place to live or a storage unit, and vacate the unit. Many people don’t know their options when faced with an eviction and allow it to proceed unchecked.

This article reviews eviction laws and answers some common questions about the process. You can also bring your questions to a local landlord-tenant attorney. Whether you’re a rental property owner or renter, an expert attorney can advise on your rights and legal options and advocate for you throughout the process.

What Is an Eviction?

The eviction process is a tool landlords or property management use to force renters to leave the rental property. Landlords cannot use self-help to evict a tenant from their rental unit.

Self-help includes the following:

• Changing the locks
• Removing the tenant’s property from the unit
• Cutting off utilities, including electricity and gas

Instead, landlords and property managers must follow the local laws of the rental property’s location or applicable state laws.

What Are Evictions for Cause?

Most evictions are for cause, meaning the landlord has a legally valid reason for evicting a residential tenant. Lease agreements are binding legal contracts.

Breaking a lease before it expires often has consequences, so landlords should have a valid reason to evict a tenant. One exception to this is a month-to-month lease. Under a month-to-month lease, either party can give one month’s notice to vacate.

A few common reasons for eviction include, but are not limited to, the following:

• Nonpayment of rent
• Consistent late payment of monthly rent
• Criminal or illegal activity on the rental property
• Lease violations, such as occupancy limits
• Violation of pet policy

Unless the underlying cause is an emergency, landlords usually follow the eviction process to end a tenancy and remove a tenant.

A botched eviction can impact your business reputation and affect your bottom line. Any misstep in the legal process can expose you to unnecessary legal trouble. Find local legal help.

What Is the First Step of the Eviction Process?

The first step in the eviction process is giving the tenant written notice, a due process requirement. Under the law, tenants have a right to a hearing. Eviction notices should tell the renter the reason for the eviction and give them a set amount of time to vacate the rental property.

There are three types of written notices a landlord can use during this stage of the eviction process. These include:

Notice to quit: a notice to quit for nonpayment of rent should include the following:

• Landlord and tenant’s contact information
• Address of the rental property
• The period of time for the tenant to pay past-due rent and late fees or vacate the rental unit

Cure or quit: a notice to quit for lease violations should include everything listed above for a regular notice to quit and the reason for the notice. For example, if you have a pet in a non-pet building, your landlord may issue a cure or quit notice, giving you several days to either rehome the pet or move.

Unconditional quit notices: These notices are for extreme situations, like a tenant who causes severe damage or engages in dangerous behavior on the rental property. Under an unconditional quit notice, the renter does not have an opportunity to cure the underlying problem.

Many property managers leave a copy of the eviction notice on the tenant’s door and send another by certified mail. Check your local laws for specific rules on giving notice.

What Are Eviction Proceedings?

Property management can file an eviction lawsuit in local housing court if the tenant doesn’t respond to the eviction notice. In some states, such as Maryland, property managers can file lawsuits in the local district court. The landlord or property manager must pay a filing fee and serve the notice to the tenant. The court clerk then schedules a hearing.

At the hearing, the court will review the lease terms and evidence from both sides before deciding. If either party fails to appear, they risk a default judgment, and the court will automatically rule for the opposing party. If both parties appear, the court will issue a court order in favor of one party. The court can also assign court costs and attorney’s fees to the prevailing party.

Can I Appeal an Eviction?

Yes, although it may not always be the best course of action for tenants. If a judge rules in favor of the landlord and the tenant disagrees, they can submit a motion for reconsideration. This motion provides the judge with an opportunity to reconsider their decision. If the tenant still doesn’t get the decision they want, they can then submit an appeal.

If you’re unsuccessful with an appeal, you may be able to get your eviction expunged.

Are There Any Exceptions to Eviction Rules?

During the early stages of the COVID-19 pandemic, many workers suddenly lost their jobs and could not pay for their housing. In response, the federal government enacted an eviction moratorium. That moratorium prevented landlords from evicting tenants who couldn’t pay their rent due to the pandemic. The national eviction moratorium expired in 2021, but some states have enacted their own eviction limitations.

Some state laws limit utility cancellations independently of pandemic-related measures. For example, Minnesota has a Cold Weather Rule. Under this rule, utility companies cannot turn off utilities during winter.

Must I Move Out Immediately if Evicted?

It depends. The eviction process often takes longer than most people expect. Most tenants choose to fix the underlying issue, such as late rent or a banned pet breed. If the tenant cannot remedy the issue, they may still have a few weeks to move out before the eviction process escalates.

If a tenant loses an eviction case, the tenant may have to move out immediately after the court issues an order. However, it is more common for them to have a few weeks to get their affairs in order.

What if I Refuse To Leave My Rental After Being Evicted?

Terminating a lease may require the landlord to file an eviction lawsuit or an unlawful detainer action if the tenant remains in the rental after receiving a termination notice. After the landlord sends a formal notice, the eviction process begins when the landlord files a complaint with the court and waits for the tenant’s answer.

If the landlord prevails, they can repossess the property. If you refuse to leave, a law enforcement officer or sheriff may remove you.

Will I Lose My Security Deposit if Evicted?

Not necessarily. Every state has rental laws, but a security deposit exists to protect the landlord financially. Some rental contracts include clauses stating that landlords can keep the security deposit to cover unpaid rent or a breach of contract. Still, landlords cannot keep security deposits without notifying the tenant.

If a landlord wants to keep or use any portion of a security deposit, even after an eviction, they must notify the tenant in writing within the timeframe allowed under state or local laws. These laws set the timeframe for returning a security deposit.

Can My Landlord Still Evict Me if I File for Bankruptcy?

When you file a bankruptcy, the court grants you an “automatic stay” from any debt collection activity. Any current debt collection activity ceases when you file the petition. This includes utilities and foreclosure proceedings. This does not always include evictions.

You can file a bankruptcy under Chapter 7 or Chapter 13 of the Bankruptcy Code; both grant an automatic stay. Under a Chapter 7 filing, your landlord can ask the court to lift the stay. Under a Chapter 13 filing, you have a reasonable time to pay past-due rent.

You don’t have to face bankruptcy and eviction alone. If your landlord seeks relief from the stay or continues eviction efforts, an attorney in your area can advocate for you in court and help you stay in your home. Get legal advice today.

Can My Landlord Evict Me for Exercising My Tenant Rights?

No. Most state laws prohibit residential landlords from retaliating against tenants who exercise their tenant rights. For example, tenants have a right to organize or form tenant associations. They also have the right to file a complaint with a government agency against the landlord or property management company. A court will carefully scrutinize a landlord’s attempt to evict a tenant for six months to a year following the protected activity.

Should I Get Legal Help With an Eviction?

A lawyer isn’t required, but both rental property owners and tenants can benefit from legal help during the eviction process. If you’re a renter, an eviction on your rental record can impact your credit and your ability to secure housing in the future. A qualified attorney can review your lease or rental agreement, provide sound legal advice, and represent you in eviction court if needed. 

FindLaw’s directory of landlord-tenant lawyers can get you started. Enter your city or ZIP code for a list of legal professionals in your area. Because state and local eviction laws are important, your attorney should be licensed in the state where the property is located. Your search results will also show key details about prospective attorneys, like ratings, areas of practice, and whether they offer free consultations.