An eviction notice is scary, but it is usually the start of a process, not the end. In every state, a landlord must follow legal steps before you can be removed from your home. If you act quickly and stay organized, you can protect your rights and often buy time, negotiate, or win.
Step 1: Figure out what you received
There are two very different papers. A notice comes from your landlord. It may say you must pay rent, fix a lease problem, or move out by a certain date. A summons and complaint come from the court. They mean your landlord has filed an eviction lawsuit. Only a court can order an eviction, and only a sheriff or marshal can carry it out.
- If you received a notice, read the deadline and the reason. You usually still have time to pay, fix the problem, or talk to your landlord.
- If you received court papers, find the court date and any deadline to file a written answer. Write both down today.
Step 2: Do these four things in the first 72 hours
- Write down every date on your papers and put them in a calendar.
- Gather your lease, rent receipts, bank records, texts, and photos of any repair problems.
- Call legal aid or your court's self-help center. Ask about emergency rental assistance in your area.
- Do not move out, stop paying, or ignore the papers just because you are upset or unsure.
Step 3: Check the landlord's case
Many evictions have mistakes. Check whether the notice gave you the right number of days, whether the amount claimed is correct, whether you were served properly, and whether the landlord is retaliating for a complaint or failing to make repairs. Rules differ by state, so compare your papers to your state's landlord-tenant law.
Step 4: File your answer on time
If your court requires a written answer, file it before the deadline. Your answer is where you deny anything that is wrong and list your defenses. Common tenant defenses include improper notice, payment of rent, the landlord's refusal to accept rent, serious repair problems, and retaliation. Keep a stamped copy for yourself.
Step 5: Go to your hearing prepared
Arrive early with three copies of every document. Tell the judge your story in two minutes: what happened, what you paid, and what you are asking for. If the landlord offers an agreement, read every line before you sign it.
What if you lose?
You may be able to ask for more time to move, file a motion to stay the eviction, or appeal. These deadlines can be very short, sometimes only days. Ask the clerk or legal aid right away.
Common questions
Can my landlord change the locks or shut off my utilities?
In most states, no. Lockouts and utility shutoffs to force a tenant out are usually illegal. Contact the police and legal aid if this happens.
How long does an eviction take?
It depends on your state and court. Some evictions move from filing to hearing in a few weeks. Missing your court date can lead to a default judgment against you.
Do I have to pay rent while my eviction case is pending?
In many places, you should keep paying or setting aside rent. Some courts require you to pay rent into the court. Ask your court or legal aid what applies to you.
Updated 2026-11-05. This guide provides general legal information, not legal advice. Laws and court rules differ by state, so confirm your court's requirements.