How to Fight Your Eviction

(even if you have already received a notice)

There is a lot of confusion about evictions right now. Throughout this rollercoaster of a year every state has had different restrictions or holds on evictions, most of which are expired now. On September 4, 2020, the CDC announced a temporary halt to residential evictions to prevent the further spread of covid-19 under section 361 of the Public Health Service Act. This order is effective September 4- December 12, 2020.

Now, what does all that mean to you?

The CDC’s halt is national so you are protected regardless of what state you're in. Your rent is still due but, you can not be evicted for nonpayment until after the end of the year. However, you do need to file a declaration with your landlord in order to protect yourself. The form is available on the CDC website. You need to sign it and deliver it to you landlord (keep a copy). This will give you grounds to fight an eviction in court if your landlord attempts to file against you.

You may have already received a 5,7 or, 30 day “notice to pay rent or quit”. Don't panic. Don't leave. With in the notice itself (which most people don’t actually read) there should be a section that looks something like this:

This is standard on all notices. If this section were missing that would be grounds for contestation in itself.

When you get these notices it is very important that you file your response right away. Don’t call your landlord and argue, go straight to the courts. I know that legal paperwork can be scary but, I promise it’s easier than you think and defiantly less traumatic than losing your home.

Due to the current state of things, you can do just about everything online. Start by going to the official website for the court named on the notice. If there isn’t an obvious link that says “evictions start here” look for “civil” or “file”. In Nevada, the system is very easy, it walks you through everything in an “interview” that generates the paperwork for you. It may be different in your state but don’t worry its still very simple. All the documents you need will be available on the site.

The first document you need to file is the “summary eviction tenants answer”. This affidavit is your response. Make sure you cite the CDC’s temporary halt on residential evictions and your delivery of the declaration as your reason to oppose and request mediation.

Next, you need to file proof of service of the declaration. This is just a signed document that states officially that you served the declaration to your landlord. Yes, it is a bit redundant to sign a piece of paper attesting that you signed another piece of paper but that's just how the system is.

All that is left to deal with is filing fees. Now, if you’re behind on your rent chances are, you can’t afford to pay those right? Not to worry, all you have to do is fill out another form to waive the fees.

Once you have everything filed, check in on your case regularly either online or by calling the court house directly. Your case will not go to mediation for at least 30 days and your eviction will not be processed until after that happens.

Your landlord may send you more notices and open multiple cases against you. You will have to file the same paperwork again every time they do. They don’t want to wait for everything to be processed through the courts and know that they will lose anyways. They want to bypass the process by intimidating you with multiple notices and threats of eviction. They want you to get anxious and leave. Don’t give in. You are within your rights. You have time to pay. As long as you stay on top of everything you will not lose your home. You will have to pay eventually but, you have plenty of time to apply for assistance, find a job or, make payments.