Steps To Take if I’m Being Wrongfully Evicted in My State

Wrongful eviction can turn your entire life upside down. Without any time to find alternate housing, you have to leave your apartment, find somewhere to put your belongings, and find a new place to live. Your legal rights after an eviction can depend on your lease and your state and local landlord-tenant laws.

Landlords can legally evict you for unpaid rent, violating the lease terms, or engaging in illegal activity in your rental unit. However, landlords must follow certain procedures in the eviction process. For legal advice about tenant rights where you live, talk to a local landlord-tenant law attorney.

Illegal Reasons for Eviction

Landlords can evict tenants for many reasons. However, landlords cannot evict you for reasons that violate the law. Tenants and renters have legal protections against eviction based on discrimination and unlawful retaliation.

For example, a landlord cannot evict a tenant based on race, sex, national origin, disability, or family status. Some states have additional protected classes, including marital status, gender identity, and age.

When a landlord discriminates against a tenant based on a protected class, they may not make it obvious. A landlord-tenant attorney can explain what kind of evidence you need to show that unlawful discrimination motivated the landlord’s eviction.

A landlord cannot evict a tenant in retaliation for exercising their legal rights. For example, a tenant files complaints with the city about the code violations on the property. As with discrimination, a landlord can claim a false reason for the eviction, such as noise complaints or lease violations. Tenants can show that the landlord’s claims are a pretext for retaliation based on protected actions.

If you are the victim of discrimination or retaliation, you should speak with a qualified attorney to take legal action.

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Eviction Notice Requirements

Even if you have fallen behind on the rent, the landlord cannot change the locks and put your stuff out on the street without first obtaining a court order. Such eviction lawsuits are typically referred to as forcible detainer or self-help actions. Self-help evictions, where the landlord takes the law into their own hands, are illegal.

State laws impose strict requirements before a landlord can evict a tenant, move out a tenant’s personal property, or shut off utilities. In most states, only law enforcement can physically remove a tenant from the rental property.

State-by-State Eviction Notice Requirements

The requirements for eviction notices vary by state. Many renter protection laws also vary by local jurisdiction, with some cities and counties having much stronger tenant rights laws.

The following table lists the notice a landlord must give a tenant before eviction, by jurisdiction and cause for eviction.

The timelines can vary depending on the individual situation. You may have longer or shorter, depending on your landlord’s rental policies and types of lease violations.

Your lease may also provide a different notice requirement to vacate or terminate the lease. Check your lease or get legal help from a local tenant’s rights attorney.

First Steps After a Notice to Vacate

If you have received a notice to vacate, the first thing you should do is talk to the landlord. The notice may have been issued in error. And if there is a deficiency on your part, it may be possible to remedy the situation without resorting to eviction proceedings.

If you reach an agreement, it is a good idea to put it in writing so the landlord cannot later back out of the deal.

It’s always best to reach out to an attorney well in advance because of the timing. Typically, when a lawsuit is filed, a trial and court date are assigned within 10 or 15 days, so it’s very fast.

Eviction Hearing in Court

In a wrongful eviction claim, the landlord must prove the tenant failed to pay the rent or otherwise violated the terms of the rental agreement. Even before filing a forcible detainer, the landlord must first provide the tenant with a written notice to vacate. It gives the tenant the required time to either vacate the premises or challenge the eviction in court.

The exact eviction requirements depend on your individual situation. For example, Rachel E. Khirallah, an attorney in Dallas, explains the process in Texas. “There are very strict requirements for proper notices to vacate, and the landlord must fully comply.”

“In the State of Texas, if the tenant does not move out in three days, then technically on day four the landlord can file an eviction suit with the court,” Khirallah adds. “But depending on how contentious the situation is with the landlord and tenant, sometimes a month will pass, sometimes six months, and other times four days. It just depends on the situation.”

Getting Your Day in Court

Pursuant to state landlord-tenant law, all eviction cases generally go through the local court proceedings. When you receive notice of the eviction, it may include the time and date of the court proceeding for the initial eviction. There should also be contact information for the court if you need to request a different date or time for the hearing.

If you lose at the initial court hearing, you generally have a limited time to file an appeal to the notice to vacate. The time limit generally ranges from four days to 30 days, depending on the state.

For example, in Texas, you have five days to file an appeal. “If they appeal to the county court, it can buy you an additional month,” Khirallah says. “And then, if it’s your principal residence, you can appeal to the court of appeals and on up to the Texas Supreme Court, which buys several more months.” You have legal recourse to prevent being thrown out on short notice.

“It’s always best to reach out to an attorney well in advance because of the timing,” she adds. “Typically, when a lawsuit is filed, a trial and court date are assigned within 10 or 15 days, so it’s very fast.”

If and when that lawsuit comes, Khirallah suggests you read it carefully. There are requirements for the landlord. Primarily, the suit must make clear what the tenant did to breach their lease. “Nine times out of 10, it’s for non-payment of rent, but it could be for other reasons, and that must be outlined in the lawsuit as well as the notice to vacate.” Whenever payment issues arise, Khirallah says a detailed ledger or other evidence of tracked rent payments can be a real boon to your defense.

Fighting Eviction in Court

When you go to court, you have a few options to fight eviction.

“If it’s for non-payment of rent, you can pay the amount of rent due or back rent. That’s the biggest defense. If the notice to vacate doesn’t comply, that’s another way to challenge. A third option is a verbal agreement with the landlord. Sometimes judges will entertain those,” Khirallah says.

“Or, for example, if you routinely paid late every month and the landlord accepted it, then out of the blue says, ‘I’m not accepting this anymore; I’m evicting you,’ that’s another way to fight it.”

“Unless they explicitly put that in writing as a warning. Any conduct inconsistent with the lease agreement that the landlord accepts can be construed as a waiver or modification of the terms of the lease. It can be worth challenging that. We’ve succeeded on claims for that very reason. It gets you out of the eviction, and then I would urge them to start paying their rent on time. You’re starting fresh.”

Getting Help to Defend Your Legal Rights

The landlord must follow strict notice and process requirements for a legal eviction. To challenge a wrongful eviction, you must take action and defend your legal rights. Eviction laws vary by state. A local legal professional can explain your options and represent you in court. Visit the Super Lawyers directory to find an experienced landlord-tenant lawyer in your area.