Common Case Types
Eviction Basics for Tenants
How an eviction case moves, the deadlines that matter, and the defenses tenants commonly raise.
How it usually starts
A landlord generally must give written notice before filing: notice to pay rent or leave, notice to cure a lease violation, or notice ending the tenancy. The type and length of notice is set by state law. Only a court order, carried out by a sheriff or marshal, can remove a tenant. Changing locks or shutting off utilities to force someone out is illegal in most states.
After you're served
- Note the answer deadline and hearing date immediately; they can be very short.
- File an answer if your court requires one, and show up to every hearing.
Common defenses
Improper notice, rent actually paid or offered, serious repair problems the landlord ignored, retaliation for complaining to inspectors, and discrimination. Whether these apply depends on your state.
Sources
General information, not legal advice.
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