How to Stop the Eviction Process and Stay in Your Home
Explore practical legal and financial strategies tenants can use to delay or prevent eviction and maintain stable housing during disputes.
Facing eviction can be an overwhelming prospect, particularly when time feels short and options seem scarce. Even after receiving an eviction notice or a court judgment, tenants may still have legal avenues and resources available to delay or potentially halt the process. Understanding these options and acting quickly can be crucial for remaining in one’s home.
Filing a Motion to Stay
When a court orders an eviction, tenants facing removal might be able to file a formal request called a Motion to Stay. This asks the judge to temporarily pause the enforcement of the eviction order, effectively putting the process on hold until the court reviews the request.
Timing is critical. This motion is typically filed after a judge has ruled in the landlord’s favor and issued an eviction order (sometimes called a writ of possession), but before law enforcement carries out the physical removal. Some locations allow filing earlier, while others require it just days before a scheduled lockout. Prompt action is essential, as reversing a physical eviction is extremely difficult.
To request a stay, the tenant submits a written motion to the court that handled the eviction case, explaining the reasons for needing a delay. Common justifications include needing a short period (often up to 10 days, depending on local rules) to find new housing, facing a sudden emergency, or requiring time to gather funds to pay owed rent if that resolves the dispute. Supporting documents or a sworn statement detailing the hardship might be necessary. Filing fees may apply, though waivers are sometimes available for those with low income.
The judge reviews the motion and has the discretion to grant or deny it, considering the tenant’s reasons, potential hardship, and any inconvenience to the landlord. The judge might grant the stay, deny it, or schedule a hearing. If granted, the stay is usually for a limited time specified by law or the court order. Conditions, such as paying rent into court during the delay, might be imposed. A Motion to Stay typically offers only a temporary reprieve, not a cancellation of the eviction itself, unless combined with other successful legal actions.
Pursuing an Appeal
Tenants who believe a judge made a legal error during the eviction hearing may have the right to appeal. An appeal asks a higher court to review the lower court’s decision. This is generally not a new trial or a chance to present new evidence, although some jurisdictions allow a “trial de novo,” essentially a do-over. More often, the appellate court examines the record from the initial trial to see if the law was applied correctly.
Initiating an appeal requires strict adherence to deadlines. A “Notice of Appeal” must usually be filed with the original court very quickly, sometimes within five or 10 days of the judgment. Missing this deadline typically forfeits the right to appeal. Filing fees are common, but waivers based on inability to pay might be available.
Filing the Notice of Appeal alone usually does not stop the eviction. To prevent removal while the appeal is ongoing, the tenant must typically request a “stay pending appeal.” Granting this often requires the tenant to post a bond, acting as financial security for the landlord to cover potential costs or unpaid rent if the appeal fails. The bond amount varies widely by jurisdiction and case type.
Tenants appealing non-payment evictions are frequently required to continue paying rent into a court registry while the appeal proceeds. Failure to make these payments on time can lead to the stay being lifted, allowing the eviction to move forward even before the appeal is decided. The appellate court will eventually rule, either upholding the eviction, overturning it, or sending the case back to the lower court for further action.
Raising a Habitability Defense
Landlords are generally required to maintain rental properties in a safe and livable condition, a responsibility often called the implied warranty of habitability.1UALR William H. Bowen School of Law Repository. Then and Now: The Uniform Residential Landlord and Tenant Act and the Revised Residential Landlord and Tenant Act – Still Bold and Relevant? This means the unit must be free from serious defects affecting health or safety, such as lack of heat or water, unsafe wiring, structural issues, or significant pest infestations. This obligation usually cannot be waived in a lease. A landlord’s failure to meet this standard can serve as a defense against eviction, especially for non-payment of rent.
To use this defense effectively, tenants must typically demonstrate serious problems that make the property unfit. Minor cosmetic issues usually do not qualify. Examples include lack of essential utilities, dangerous electrical systems, leaking roofs, failing sewage systems, or major infestations.
Certain steps are usually required before raising this defense in court. The tenant must formally notify the landlord of the needed repairs, preferably in writing (like certified mail) for proof. The landlord must then be given a reasonable amount of time to fix the problems. What is “reasonable” depends on the issue’s severity; urgent problems like no heat in winter require faster action than less critical defects.
If the landlord fails to make necessary repairs after proper notice and reasonable time, the tenant can raise the breach of warranty of habitability as a defense in the eviction case. The argument is that the duty to pay rent is linked to the landlord’s duty to provide a habitable home. Some areas require tenants withholding rent for this reason to deposit the rent with the court. Failure to follow local procedures regarding notice or rent deposits can weaken the defense.
Presenting this defense requires evidence, such as photos, videos, code enforcement reports, or witness testimony. Proof of notice to the landlord and their failure to act is also crucial. If the court agrees the landlord breached the warranty, it might order repairs, reduce the rent owed (rent abatement) to reflect the property’s diminished value, or, in severe cases, dismiss the eviction entirely, allowing the tenant to stay, possibly contingent on repairs being made or reduced rent being paid.
Mediation with the Landlord
Direct communication between a tenant and landlord can sometimes resolve disputes and prevent eviction. Mediation offers a structured forum for this, potentially stopping the eviction through mutual agreement with the help of a neutral third party, the mediator. The mediator facilitates discussion and helps explore compromises but does not impose decisions.
Mediation can be voluntary or court-ordered, often as part of eviction diversion programs designed to resolve cases efficiently.2National Center for State Courts. Eviction Diversion Considerations: Mediation Programs These programs frequently provide trained mediators at little or no cost. Discussions during mediation are typically confidential, encouraging open dialogue without fear that statements will be used later in court if no agreement is reached.
During a session, both parties explain their perspectives. The mediator helps identify common ground and potential solutions that might be more flexible than court rulings. For example, if rent is owed, mediation could lead to a payment plan allowing the tenant to stay.
If an agreement is reached, it is formalized in a written settlement agreement outlining each party’s commitments (e.g., payment schedules, repair agreements, or a mutually agreed move-out date). This agreement can often be submitted to the court, making it legally binding. Successfully fulfilling the agreement’s terms can lead to the dismissal of the eviction case, preventing a negative mark on the tenant’s record and allowing them to remain housed under the agreed conditions. Reaching an agreement is voluntary; if mediation fails, the eviction case usually proceeds through the court system.
Applying for Government Aid
Financial assistance from government programs can directly halt an eviction based on unpaid rent. Federal, state, and local agencies offer funds aimed at preventing homelessness by providing direct payments to landlords for rent arrears, and sometimes future rent, on behalf of eligible tenants.
Identifying the right program for a specific area is the first step. Resources like the Consumer Financial Protection Bureau’s rental assistance finder or dialing 2-1-1 can help locate relevant state or local programs.3Consumer Financial Protection Bureau. Get Help Paying Rent and Bills The U.S. Department of Housing and Urban Development (HUD) supports longer-term programs like Housing Choice Vouchers (Section 8), but these often have extensive waiting lists. More immediate help may come from Emergency Rental Assistance (ERA) programs, funded by federal initiatives, though availability varies as initial pandemic-related funding phases out. Many localities continue eviction prevention efforts using various funding sources.
Eligibility typically depends on income (often at or below 80 percent of the Area Median Income, with priority for very low-income households) and demonstrated need or risk of homelessness, usually evidenced by an eviction notice. Applicants generally need to provide proof of income, financial hardship, a lease, and the eviction notice or rent statements. Some federal programs have citizenship or eligible immigration status requirements.
Successfully applying for aid can intervene in the eviction process. Some jurisdictions offer temporary eviction protection while an application is pending, provided the tenant notifies the landlord. If approved, the program usually pays the landlord directly, satisfying the debt and often leading the landlord to withdraw the eviction case. Some programs might also cover utility arrears or relocation costs if needed. HUD-approved housing counselors can offer free assistance with navigating applications and finding resources.
