Choosing Where to Live

questions & answers

Question: Can I stop the eviction if it will leave me without a home?

Answer:

The fact that an eviction will leave you homeless is not a legal defense. However, you cannot be kicked out of your home without a court order issued by a judge. And even then, only a sheriff or marshal can actually evict you. Your landlord cannot lock you out or shut off your utilities without going through a legal process.

If you cannot afford the fee for filing an answer, you can submit a form asking the court to waive it. And if you have very little income and cannot afford an attorney, you may qualify for assistance from a local legal aid society.

Even if the court authorizes the eviction, however, you may have a last resort.

You also could ask the judge to postpone the eviction to give you time to prepare an appeal or to find somewhere else to live. Judges often grant such a request if you pay all of the rent up to your departure date.