Tenant Guide to Pre-filing Eviction Notices

Tenant Guide to Pre-filing Eviction Notices

A notice on your door is NOT always a final eviction notice.

• You can stay in your home.
• Most notices are intended to alert you to a problem and give you time to fix the problem or find another solution
• If you disagree with the notice, you can negotiate with your landlord or dispute it later if your landlord brings you to court.
• Only a court can order your eviction. You have the right to defend yourself in court.

What kind of notice did you receive?

1. 30-Day Notice of Non-Payment of Rent

• A 30 day notice of past due rent is a notice from your landlord indicates you owe rent.

What are your rights?

• You have 30 days to pay the rent you owe to your landlord OR find another solution by talking with your landlord, e.g. a payment plan
• If you are able to pay your full amount of back rent within the 30 day period, your landlord cannot move forward with an eviction

What happens next?

• If you do not act within 30 days, your landlord may file a complaint that will initiate eviction proceedings.
• You may be able to dispute the amount you owe in court.

2. 30-day Notice to Quit or Vacate

• It is a 30 day notice from your landlord that indicates you have violated the terms of your lease in some way

What are your rights?

• You have 30 days to fix the lease violation or reach another solution
• Your landlord must explain in the notice how they believe you have violated the lease & how you can fix the problem

What happens next?

• If you do not act within 30 days, your landlord may file a complaint that will start an eviction case
• You may be able to dispute your landlord’s claims in court.
• You can stay in your home. Only a court can order your eviction.

3. 90-day Notice to Vacate for Personal Use and Occupancy

• It is a notice from your landlord that indicates they are seeking to use the property for themselves, or someone they sell to, rather than rent to tenants.

What are your rights?

• Your landlord must allow you the full 90 days to find new housing
• You landlord cannot evict you only because they want to sell the unit.

What happens next?

• If you do not leave within 90 days, your landlord may file a complaint that will start an eviction case.
• If you believe the landlord does not intend to move in, you could contest the landlord’s intent in court.

There are other types of notices you may receive.

Questions? Call LTLAN (202)-780-2575