You have the right to be heard
A notice from the landlord is not a court order. In most states you cannot be removed until the landlord files a case, wins, and a sheriff or marshal carries out the order. You have the right to respond and to tell your side at a hearing.
Common defenses
- Improper notice — no written notice, too few days, the wrong amount, or served the wrong way.
- Payment — you paid, or offered the full amount and the landlord refused it.
- Rent accepted after the notice — this can cancel the notice in many states.
- Repairs / habitability — serious problems the landlord did not fix after being told (heat, water, mold, pests). Some states require you to pay rent into court to use this defense.
- Retaliation — the eviction came soon after you complained to the landlord or an inspector, or joined a tenant group.
- Discrimination — based on race, religion, disability, family status, national origin, sex or another protected trait.
- Just-cause and rent-control laws — in some states and cities the landlord needs a legal reason to end a tenancy.
- Subsidized housing rules — Section 8, public housing and tax-credit properties have extra notice and good-cause requirements.
- Military service — the Servicemembers Civil Relief Act can delay a case.
Get help early
Free legal aid and court self-help centers can review your notice and papers. Dial 2-1-1 to ask about emergency rental assistance. See our tenant advocacy directory.