The Eviction Diversion Program assists tenants facing eviction and offers assistance when possible to prevent evictions. Program staff are available to explain the eviction process, outline various options for tenants being evicted, and provide information and referrals for a number of community-based services, which assist with locating housing, providing financial assistance for rent and security deposits, and offering legal assistance.

•  Scott Wells, Program Director

•  Tony D'Amico, Eviction Diversion Specialist

What You Need To Know About Eviction

  1. My court papers mention a “first cause” and a “second cause”.  What does that mean?

 The “first cause” tells you why you are being evicted.  The  first cause is usually for not paying rent.  The “second cause”  tells you how much money your landlord says that you owe, if any.  There may not be a second cause.

2.   What will happen at my hearing?

 You will probably have two hearings.  The court sent you a summons telling you what day to go to court.  That will be your first hearing.  When you go to your first hearing, the judge will only decide on the first cause.  So, if  your eviction is for non-payment, the judge will decide if you paid your rent.  If you lose, you will be told when to move.  If your landlord asked for money in your court papers, you will be given a second hearing about 28 days after your first hearing, to decide if you owe money. 

3.   Will I get 90 days to move?

 No.  If you lose at your first hearing, the judge will probably tell you to move within 7-14 days after the hearing.

4.   What happens if I can’t move out on time?

 If you don’t move by the day you are told to move, court bailiffs will come and put your belongings outside.

 5.  Can’t I stay  where I live until my 2nd hearing?

 No.  If  you lose at your first hearing, the judge will tell you when to move.  You have to move by that day.  Your second hearing will take place after you have moved.

6.   Can my landlord or manager throw my stuff out?

 No.  Your landlord or manager can’t touch your belongings, or lock you out, or turn off your utilities.  Only bailiffs from the court can move your belongings, if you don’t move by the day you are told to move.

7.   What if I don’t go to my first eviction hearing?

 If you don’t go to your first hearing and your landlord does go, you will probably be given 7 days to move. 

8.    After I move, can’t I forget about the eviction?

 No.  No matter what happens at your first hearing,  your second hearing will still take place.  Even if you move out, or win your first hearing, your second hearing will take place.  If your landlord asked for money in your court papers, you have to write an answer to your landlord’s complaint and file it at the court before your second hearing. 

9.   What is an answer?

 An answer is a legal form that lets you tell the court your side of the story in writing .  If you don’t write an answer and file it before your second hearing, you will probably end up owing all the money your landlord says you owe.  Your pay or bank account could then be garnished. 

10.   How can I file an answer?

 To file an answer, you need to get a legal form, write your answer on the form, and then take your form to the Justice Center to file.  You can call us to get a free form to file your answer, along with instructions about filing it.

11.   Do I have to file an answer right away?

 No.  You have 28 days to file an answer, from the day you received your court papers. 

12.   Can I counter-sue whoever is evicting me?

 Yes.  Our answer form also has a section that allows you to counter-sue whoever is evicting you.

13.   Is there any way that I can stop this eviction?

  Yes!  The three best ways to stop the eviction are:

 A  mediator helps you solve a problem you are having with someone else.  When you go to your first hearing, you can tell the judge that you want a mediator from the court to help you settle your case with your landlord.  However, your landlord does not have to mediate if he or she does not want to.

16. You said I can apply for money to pay rent. How can I do that?

 You might be able to get help to pay your current landlord, or to pay a new landlord if you move.  You can call us for a list of places that help pay rent.

17.   You said I can fight the eviction.  How?

 If you feel that your eviction is unfair, you might have a legal defense.   A legal defense is a legal reason why you shouldn’t be evicted, and could stop you from being evicted.  Call us for information about defenses.

18.   Do I need a lawyer to go to court with me?

 Most renters who go to eviction court do not have lawyers.   However, you can call the legal services listed on the back of this brochure to seek legal help.

19. Do I have more rights if I rent from CMHA,HUD, or if I get Section 8?

 Yes.  There are Federal laws that protect you if you are a CMHA, HUD, or Section 8 renter.   You should call Legal Aid as soon as possible, if you are a CMHA, HUD, or Section 8 renter.  Legal Aid’s phone number is on the back of this pamphlet. 

20.   What if nothing works and I have to move?

 If you can’t stop your eviction,  call us for a list of housing that is available to rent.  If you can’t afford to move and you can’t stay with anybody, we can help you apply to transitional housing programs and help you find a shelter. 

• You might have an eviction defense if your landlord did not give you a three-day notice to leave before filing the eviction complaint against you. The three-day notice is also called a Notice to Vacate.
• You might have an eviction defense if your three-day notice did not include all of the words written below:
• "You are being asked to leave the premises. If you do not leave an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance."
• You might have an eviction defense if your landlord gave you a three-day notice for non-payment of rent before your grace period to pay rent ended.
• You might have an eviction defense if your landlord accepted any rent from you after giving you a three-day notice.
• You might have an eviction defense if you receive Section 8, and your landlord lost the Section 8 contract or the contract was abated after your unit failed inspections.
• You might have an eviction defense if you receive Section 8 and your landlord accepted money from CMHA after giving you a three-day notice, or if your landlord didn't send CMHA a copy of the notice.
• You might have an eviction defense if your landlord had often accepted late rent from you, and then gave you an eviction notice because you tried to pay your rent late.
• You might have an eviction defense if you have a month-to-month agreement and you paid your landlord part of your rent during a month, then your landlord filed an eviction against you for not paying all of your rent that month.
• You might have an eviction defense if you offered all of your rent to your landlord when it was due, and your landlord did not accept your rent.
• You might have an eviction defense if the person evicting you does not own the property, and did not have an attorney fill out the complaint to evict you.
• You might have an eviction defense if your landlord is evicting you only because you had complained about something the landlord should have done.
• You might have an eviction defense if your landlord did not maintain your apartment, causing your apartment to be worth less than you were paying for it.