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Got an eviction notice? What to do the first day
In short
A notice is not a court order. How eviction works, why you must answer court papers, and where to find rent help and free lawyers.
Getting papers from your landlord is scary. Act fast, but stay calm. You usually have more time and more options than you think. For the bigger picture, see Your rights as a tenant.
A notice is not an eviction
There are two very different papers:
Notice (for example "notice to pay or quit" or "notice to vacate"): a letter from the landlord. It says what they want and by when. It is the first step. It does not force you to leave.
Court papers (a summons and complaint): the landlord has filed a case. The papers give a deadline to answer and often a hearing date. This is serious.
Only a court can order an eviction. In most states, a landlord may not change the locks, remove your things or turn off water or power to force you out. Only a sheriff or court officer can remove you, after the landlord wins. This differs by state; see In your state below.
The day you get papers
1
Read every page. Write down each date and deadline.
2
Take photos of the papers, the envelope and how they were delivered (door, mail, by hand).
3
Call the court clerk (the number is on the papers). Ask: "Is there a deadline to file an answer? Is there a court date? Is there mediation?"
4
Call legal aid the same day. Legal aid gives free lawyers to people with low income. Search "legal aid" and your city, or try lawhelp.org. Many cities also have free tenant hotlines.
5
Call 211 and ask about emergency rental assistance. Programs differ by area and some run out of money, so ask more than one.
6
Talk to your landlord in writing if the problem is late rent. Offer a payment plan. Keep a copy.
If you have a court case
Answer by the deadline. You can file a written answer yourself, explaining why you should not be evicted. Many tenants lose only because they did not answer or did not appear.
Go to the hearing, on time, with your papers. Ask for an interpreter if you need one.
If you applied for rent help, tell the court. A judge may give more time.
Keep records
Keep a folder with:
Your lease and every notice.
Rent receipts, bank statements or app screenshots showing each payment.
Texts, emails and letters with the landlord.
Photos of repair problems and your written repair requests.
Pay rent in a way that leaves a record. Avoid paying in cash without a signed receipt.
Immigration status
The court process and your rights in it do not depend on your visa. Some legal aid offices can only help certain immigrants, so if one says no, ask for another program or a tenant hotline.
Common mistakes
Ignoring court papers because "it is only a letter".
Moving out in panic before talking to legal aid.
Paying a stranger who promises to "stop the eviction" for a fee.
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