Eviction - Overview

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Eviction - Overview

One common issue tenants face is getting an eviction notice.  State laws vary on what is required to evict a tenant from rental property.  We will be adding information on eviction to this website in the future, including the special rules that apply to eviction from base housing.

Some states require that a landlord have a reason to evict you (a “for cause” eviction). For example, a landlord might give an eviction notice for non-payment of rent, destroying the apartment, or criminal activity on the property. Some states allow a landlord to give a notice for no reason. There may or may not be a way to challenge a “no cause” eviction. But, even in this case, your state probably requires that you get a certain type of notice – and time - before being evicted.

If you get an eviction notice, try to speak with a lawyer to make sure your rights are protected.  If your family is low-income, this is the type of case that legal aid programs will handle free of charge.

Many states have laws that prevent a landlord from simply locking you out and throwing your things out without giving you any notice. If your landlord does lock you out or throw your things out on the street, talk to a lawyer immediately to find out what your rights are.

If your family includes an active duty service member, you may have additional protection from eviction under the Servicemember Civil Relief Act.  (This page includes an interactive form you can use to inform your landlord about your SCRA protections.)

More information on SCRA protection against eviction

June 2010