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Tenant and eviction attorneys near you

An eviction notice, an illegal lockout, or a home the landlord will not repair.

Deadline, in general

Often five to ten days to respond after being served, and in some states shorter still.

Eviction moves faster than any other civil case. Once the case is served you may have as little as five days to file a written response, and failing to file it lets the landlord win by default and obtain a lock-out order. The number of days is set by your state, and it is short everywhere.

Tenants also have rights that survive a notice. A landlord may not lock you out or cut utilities to force you out anywhere in the country, a home must be kept habitable regardless of what the lease says, and a growing number of states and cities add just-cause and rent-cap protections on top.

Tell us what happened

A few questions about your situation. It is free, and there is no obligation of any kind.

What do you need help with

1 of 3

Choose everything that applies. People often have more than one problem at once, and they are frequently connected.

Free. No cost to you at any point.

This may be your situation if

—You have been served with an unlawful detainer summons and complaint.
—You received a 3-day, 30-day or 60-day notice.
—Your landlord changed the locks or shut off utilities.
—Serious repairs have been ignored — mould, no heat, no hot water, vermin.
—A rent increase looks larger than the statewide cap allows.

What an attorney generally does here

—File the response inside the five-day window so nothing is lost by default.
—Check whether the notice was even valid, which is often the whole case.
—Raise habitability, retaliation and just-cause defences.
—Negotiate time to move, or a neutral record, rather than a judgment.
—Act on an illegal lockout, which is an emergency.

The deadline

Often five to ten days to respond after being served, and in some states shorter still. Set by Your state’s eviction statute — unlawful detainer, summary process or forcible entry.

It is usually measured in court days and starts on service. This is the shortest response window in ordinary civil litigation anywhere in the country, and a default judgment is very difficult to undo. Find your own state’s number the day you are served.

Worth gathering first

—Every paper you were served, and the date and manner of service.
—Your lease and any rent receipts or payment records.
—Photographs of conditions, and every repair request you made.
—Texts and emails with the landlord or manager.
—Any notice of rent increase.

If you work in care

A live-in provider’s housing and job are often the same arrangement, so losing one can mean losing both. Where you live in a client’s home, whether you are a tenant or a licensee changes what process the owner must follow, and it is worth establishing early.

Common questions

How long do I have to respond to an eviction?

Generally five days from service of the summons and complaint to file a written response. Missing it allows a default judgment and a lock-out order.

Can my landlord change the locks?

No. Self-help eviction — changing locks, removing belongings, cutting utilities — is unlawful in every state and carries penalties.

Do I have to keep paying rent if repairs are ignored?

There are habitability remedies, but they have conditions and doing it wrong can strengthen an eviction. This is one to take advice on before withholding anything.

Is there free eviction help?

Yes. Legal aid organisations handle evictions at no cost in every state, and most court systems have a self-help centre. Given how short the window is, contact them the day you are served.

Debt and consumer

Debt collectors, a lawsuit over a debt, garnishment, or credit report errors.

Family law

Divorce, custody, child support, and protection from an abusive partner.

Unpaid wages

Unpaid overtime, missed breaks, unpaid travel time, a final cheque that never came.