Received an eviction notice? Find out what steps you can take to avoid having to move out and what to expect in the process.
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by Belle Wong, J.D.
Belle Wong, is a freelance writer specializing in small business, personal finance, banking, and tech/SAAS. She ...
Updated on: February 15, 2023 · 3 min read
Although the thought of receiving an eviction notice brings dread to most tenants, just because you receive one doesn't mean you need to move out immediately. A landlord must first obtain a court order for your eviction before they can legally evict you. And while serving you notice is the first step in the eviction process, receiving such a notice doesn't necessarily mean you will end up being evicted.
Getting that eviction notice can be a scary moment, but there are a number of steps you can—and should—take that might help your situation.
If you fail to correct the behavior underlying the eviction notice before the end of the allotted time period, or if you've received an unconditional type of eviction notice that requires you to move out by a certain time, you may find yourself facing legal eviction if you don't voluntarily vacate by the given date.
The eviction process isn't immediate, however. Your landlord must first go through the courts in order to obtain an eviction order. You are then given notice as to the time and place of the hearing, at which you can present your defense. For example, if your landlord has refused to make necessary repairs to the rental property and is responsible for doing so under the terms of the lease agreement, you may be able to show the court that your landlord is in violation of those lease terms.
Your landlord must also be in strict compliance with laws throughout the eviction process, so review the paperwork you've received to make sure you've been given all the information required by your state's eviction regulations.
If your defense or counterclaim fails or you don't have one, then it's likely the court will grant your landlord's request for an eviction order. If this happens, the eviction is legal and you must move out.
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