Finding an eviction notice on your door is frightening. Take a breath: in almost every state, a notice is not an eviction. It is usually the first step in a legal process, and you have rights at every step. In most states, a landlord cannot legally remove you, change the locks or shut off your utilities without a court order. Here is what to do in the first two days.
Hour 1: read the whole notice carefully
Read every line, front and back. Look for:
- What kind of notice it is. Is it a notice to pay rent or leave? A notice to fix a lease problem? A notice ending your tenancy? Or is it actually a court summons? A court summons is more urgent and has its own deadline.
- The reason the landlord gives.
- The amount claimed, if it's about rent. Does it include late fees or other charges?
- The deadline — the date or number of days you have to pay, fix the problem or move.
- How it was delivered (handed to you, posted on the door, mailed).
Take clear photos of every page and the envelope, and write down the date and time you received it.
Hours 1–6: figure out your real deadline
The deadline written on a notice isn't always correct. States set minimum notice periods and specific ways to count the days (calendar days or business days, with extra days in some states when the notice is mailed). Our state guides show the notice periods and counting rules for each state, and Eviction notices explained describes the common types.
Put the deadline on your calendar. If you received court papers (a summons and complaint), find the deadline to respond on the summons and treat it as the most important date in your life right now. Missing it can mean losing the case without a hearing.
Hours 6–24: gather your documents
Collect everything that shows your side of the story:
- your lease and any written changes to it;
- rent receipts, bank or money-order records, or payment app history;
- texts, emails and letters with your landlord;
- repair requests and photos or videos of any problems in the home;
- any earlier notices you received.
Keep copies in one folder, and back up photos to a second place.
Hours 12–48: get help
You don't have to do this alone, and the earlier you ask for help, the more options you usually have.
- Free legal aid. Many areas have legal aid organizations and tenant hotlines. Our tenant advocacy page lists national directories that can point you to local help.
- Rental assistance. Dialing 2-1-1 connects you with local services, including emergency rental assistance programs where they exist.
- The court's self-help center. Many courts have self-help staff or websites that explain local procedures. You can find your county court's details on our court details page.
Talk to your landlord — in writing
If the notice is about rent and you can pay all or part of it, or if you need a little time, reach out to your landlord. Keep it in writing (text or email), be polite, and keep copies. Some landlords would rather work out a payment plan than go to court.
Be careful: in some states, a partial payment doesn't stop the eviction unless the landlord agrees in writing. If you pay, get a receipt, and don't pay in cash without one.
Know your possible defenses
Many tenants have defenses they don't know about. Some common ones:
- the notice gave fewer days than the law requires, or was delivered the wrong way;
- the rent claimed is wrong or includes charges that aren't rent;
- the landlord failed to make serious repairs (in states where that is a defense);
- the eviction is retaliation for a complaint, or discrimination;
- in some states and cities, the landlord needs a specific legal reason ("just cause") to evict.
Read Tenant rights and common defenses to see which may apply, and ask a legal aid lawyer to check.
What not to do
- Don't ignore it. The deadline keeps running whether you respond or not.
- Don't move out in a panic before you understand your options, unless that is what you want.
- Don't stop documenting. Keep writing down dates, conversations and payments.
- Don't miss a court date. If you receive a summons, go — or respond in writing if your state requires it.
Keep a simple record from now on
From today, keep a short written log. Every time something happens — a conversation with your landlord, a payment, a repair request, a new paper on your door — write down the date, what happened and who was involved. Save receipts and screenshots in the same folder as your notice. If the case goes to court, a clear record made at the time is often more convincing than memory, and it helps a legal aid lawyer understand your situation quickly.
If it goes to court
If your landlord files a case, you'll be served with court papers. Depending on your state, you may need to file a written answer by a deadline, or you may be able to respond at the hearing. Our guide to going to eviction court explains what to bring and what to expect.
General information, not legal advice. Eviction laws vary by state and change often — check your state's current law and consult an attorney or legal aid before acting.
If you've been served with an eviction case, the EvictWeb Filing Wizard can help you prepare your written answer, with your defenses and requests to the court, for $19.99. You can preview it for free. Start your answer.