Being Evicted With Children? Here’s What You Need to Know
You can fight an eviction even with children depending on you. File an answer to any eviction lawsuit, apply for rent relief, and negotiate with your landlord to buy time. Acting quickly protects your housing and your family's future.
Answer Your EvictionFacing eviction while caring for children is devastating. You’re not alone. Millions of families face housing insecurity right now.
You have options. You can delay or stop an eviction if you act quickly.
Respond to Your Eviction Notice Before the Deadline
Filing an answer to an eviction lawsuit is critical to protecting your family. Missing the deadline means automatic eviction. Get help preparing your response now.
File Your AnswerThe key is understanding your rights and taking immediate action.
Your Rights as a Tenant With Children
State laws vary, but many offer protections for families. Some states protect tenants who made partial rent payments.
California, for example, protects tenants who paid at least 25% of rent between September 2020 and September 2021. No eviction is allowed for rent owed from March 2020 to August 2020.
These protections only apply if you responded to eviction notices. You must also sign a declaration of COVID-19-related financial distress.
Check your state’s specific tenant protection laws. Our partner Solo can help you understand your legal options.
How to Qualify for Emergency Rent Relief
Government aid programs can help you avoid eviction. Many programs still have funding available.
To qualify, you must prove pandemic-related financial hardship. You also need to earn less than 80% of your area’s median income.
Required Documentation
Gather these documents before applying:
- 2020 tax returns
- W-2 tax forms
- Recent pay stubs
- Proof of government subsidy enrollment
You’ll sign under penalty of perjury. Make sure all information is accurate and truthful.
How to Delay an Eviction Process
Delaying an eviction gives you time to find housing or secure funds. Eviction proceedings follow similar steps in most states.
Delaying isn’t permanent. You’ll still face eviction without payment or resolution.
Talk to Your Landlord First
Evictions cost landlords money too. Court fees, attorney costs, and lost rent add up quickly.
Most landlords prefer settling outside court. They may accept partial payment or a payment plan.
Approach your landlord respectfully. Explain your situation and propose a solution.
If staying isn’t possible, ask for an extended move-out date. Extra weeks can make a huge difference.
Understanding Your Eviction Notice
Your landlord must provide written notice before evicting you. The notice explains why you’re being evicted.
Four types of eviction notices exist:
- Three-day notice to pay rent
- Three-day notice to cure lease violation
- Three-day unconditional quit notice
- Thirty-day or 60-day notice to quit
Take every notice seriously. Ignoring it leads to legal action against you.
Your landlord can file a lawsuit if you don’t comply. A judge will eventually order the sheriff to remove you.
The Consequences of Ignoring Eviction
An eviction on your record damages your future rental prospects. Most landlords reject applicants with eviction history.
Your credit score will drop significantly. The eviction stays on your record for seven years.
If you stay past the deadline, you become a squatter. Landlords can board up the property and remove your belongings.
How to Stop an Eviction by Complying
Many states allow you to stop an eviction by fixing the problem. Pay the overdue rent or correct the lease violation.
The landlord must stop the eviction process once you comply. Check your state’s specific cure period.
Can’t pay immediately? Ask to arrange a later payment date. Get any agreement in writing.
If your landlord refuses, prepare to move quickly. Start looking for new housing immediately.
Defending Yourself in Eviction Court
Your landlord files an eviction lawsuit if you don’t resolve the issue. You’ll receive court paperwork with a deadline.
You must file an answer with the court. Your answer responds to your landlord’s claims.
Include any defenses you have against the eviction. Valid defenses include:
- Landlord shut off utilities illegally
- Property was uninhabitable
- Landlord violated lease terms
- Improper eviction notice
- Discrimination
Filing an answer is critical. Without it, you automatically lose the case. Our partner Solo helps you prepare court responses quickly and affordably.
What Happens at Your Eviction Trial
A trial date will be scheduled after you file your answer. You must attend this trial.
Present your defenses clearly to the judge. Bring any supporting documents or witnesses.
Judges sometimes show mercy to families with children. You may receive additional time to move.
Even without strong defenses, attending the trial matters. Judges appreciate tenants who show up and communicate.
You’ll still owe rent during any extended stay period. The judgment may include all past-due amounts.
Protecting Your Children During Eviction
Your children’s stability is your priority. Keep their routine as normal as possible.
Research family shelters and transitional housing programs. Many organizations prioritize families with children.
Contact your children’s school about the McKinney-Vento Act. Students experiencing homelessness have educational rights and support services.
Reach out to local churches and nonprofits. Many offer emergency housing assistance for families.