How To Stop An Eviction After It’s Filed?

The quickest way to halt an eviction after a court filing is to file a written response the moment the summons arrives. Acting within the court‑specified deadline - typically three to ten business days - prevents the case from advancing unchecked (check the exact number on your summons).

1. Review the summons carefully - note the response window, the filing location, and any special instructions; jurisdictions differ, so confirm the exact deadline before the clock runs out.
2. Draft a concise answer - address each allegation, assert any defenses (e.g., improper service, habitability issues), and include supporting evidence such as receipts or photos.
3. File the answer with the clerk - submit the document in person or via the court's e‑filing portal before the deadline; include the required filing fee, if any.
4. Serve the landlord - deliver a copy of the filed answer by certified mail, sheriff's service, or another method approved by the court; obtain proof of service for the record.
5. Retain all documentation - keep the stamped filing receipt, proof of service, and a copy of the answer in a safe place; these papers become crucial if the landlord seeks a default judgment.

(If the landlord already obtained a default judgment, a motion to set aside may still be possible, but that pathway is covered in the 'challenge invalid eviction grounds' section later.)

For a step‑by‑step guide, see how to respond to an eviction summons.

Apply for emergency rental assistance funds the moment you learn the eviction case is filed. These programs often cover back rent, utilities, and sometimes moving costs, which can pause or dismiss the court filing if the landlord accepts payment. Eligibility usually depends on income, hardship proof, and residency, so gather pay stubs, bank statements, and the eviction filing notice right away.

Submitting a complete application within the program's deadline may delay the landlord's next step and buys time for the payment‑plan negotiation we discuss later. If the landlord rejects the assistance, the funds can still be used to pay arrears and support the dismissal request covered in the following section.

• Locate your local agency via HUD's emergency rental assistance map HUD emergency rental assistance map.
• Compile required documents: recent pay stubs, tax returns, lease, eviction filing copy, and proof of hardship such as a layoff notice.
• Complete the online or paper application within the posted window; note any 'immediate' or 'within 10 days' processing claims.
• Follow up with a phone call to confirm receipt and request expedited review for the pending eviction case.
• Present the approval letter or fund disbursement to the landlord and, if necessary, attach it to your court response.

Paying the back‑rent that triggered the eviction can convince the court to dismiss the case, provided the landlord acknowledges receipt before the next hearing.

First, confirm the exact arrears amount, then request a written statement from the landlord confirming that full payment will satisfy the debt; finally, file that statement with the clerk as proof of cure before the court's deadline, which differs by state and even by municipality (see local housing court guidelines for precise timing).

Complete, documented payment may end the proceeding outright, but only if the landlord accepts it; a refusal forces the tenant to pursue other tactics such as a payment plan or a legal challenge, topics explored in the following sections.

A rent payment plan, filed with the court, can pause the eviction while you catch up. Promptly propose a written schedule to the landlord and submit a motion for a stay or continuance that includes the plan.

• Draft a concise agreement outlining total arrears, monthly installments, and a final payoff date; both parties sign it.
• File the signed agreement together with the motion for a stay at the clerk's office, then retain a copy for your records.
• Request a hearing date within the court's deadline; the judge will review the plan before deciding on the stay.
• Present any proof of income or assistance eligibility during the hearing to demonstrate ability to meet the schedule.
• If the landlord objects, suggest mediation through the court's free services to reach a mutually acceptable timetable.
• Once the judge approves, the eviction case is stayed until the agreed‑upon payments are completed.

(See how to file a motion for a stay of eviction for a step‑by‑step guide.)

File a motion to dismiss the eviction case when the landlord's stated reason violates state law or the lease terms. This forces the court to examine the legal validity before proceeding to trial.

• Obtain the filed complaint and any supporting affidavits; note the exact ground the landlord asserts.
• Compare that ground with local statutes and the lease; common invalid bases include retaliation, discrimination, or failure to follow required notice periods.
• Draft a concise motion citing the specific statutory deficiency and attach evidence such as payment records, correspondence, or disability documentation.
• Serve the motion on the landlord and file it with the court within the response deadline set by local rules (deadlines differ widely; check the jurisdiction's schedule immediately).
• Request a hearing date; if granted, prepare to argue the ground's illegality and present supporting documents.
• For detailed templates and general guidance, see Nolo's guide to defending an eviction, but seek jurisdiction‑specific legal aid for tailored advice.

Addressing the landlord's procedural errors next can further weaken the case and may lead the court to dismiss it without a hearing.

Spotting a clerical error in the landlord's court filing can stall the eviction case.

The tenant should request the docket, compare it to the lease, and flag missing signatures, incorrect property address, or mis‑dated summons.

Once an error is confirmed, file an answer or a preliminary objection that cites the specific mistake; the filing must occur within the deadline, which varies by jurisdiction - some states allow 3‑7 days, others up to 20 days after service. 

Attach copies of the lease, the erroneous document, and any correspondence, then request that the judge dismiss the case or require the landlord to correct the court filing.

Outcomes depend on the error's severity and judicial discretion, so there's no automatic win. Consulting the local rules or a legal‑aid clinic quickly can prevent a missed deadline; see Legal Services Corporation's guide to eviction defenses for state‑specific timelines.

File a motion to continue the eviction hearing immediately after realizing a scheduling conflict. The motion must state the current hearing date, propose a new date, and briefly explain why the delay is necessary (illness, lost paperwork, pending assistance). Submit the motion to the clerk, pay any filing fee, and serve a copy on the landlord according to the applicable statute or local rule. Because filing deadlines differ by jurisdiction - some require three days, others fourteen - verify the exact timeframe on the court's website before the deadline passes.

If the court offers an oral argument, request one to argue the need for extra time. Bring evidence such as a doctor's note or proof of pending rental aid to demonstrate good faith. Watch the docket for the judge's decision; a granted continuance automatically pauses the eviction timeline, buying breathing room for the strategies outlined earlier.

While the continuance is pending, contact a local mediation program to negotiate a payment plan, a step detailed in the following section. See free mediation services for tenants for options.

Free mediation resolves an eviction case by guiding the tenant and landlord toward a mutually acceptable agreement, often halting court proceedings. Courts typically assign a neutral mediator, and the process imposes no fees, making it a rapid, low‑cost alternative to litigation.

Examples include city‑run mediation centers that partner with the local courthouse, nonprofit groups such as Tenant Mediation Services, and state‑wide legal aid programs offering scheduled sessions within days of a court filing. HUD‑funded mediation, accessible through Fair Housing and Equal Opportunity, targets federally assisted housing cases.

As we covered above, initiating a payment plan can complement mediation, while a successful session may eliminate the need for a hearing continuance later.

Protected tenant status can halt an eviction case when a landlord's claim collides with anti‑discrimination laws. Federal statutes such as the Fair Housing Act, the Violence‑Against‑Women Act, and veterans' housing protections, plus many state codes, give seniors, disabled persons, veterans, and domestic‑violence survivors a legal shield that may delay or dismiss the court filing.

• Confirm which protected class applies; state statutes may add layers of protection.
• Collect proof - government ID, medical or service records, a VAWA affidavit, or a HUD‑issued certification.
• Submit a written notice of discrimination to both the court and the landlord, attaching the documentation.
• Request a stay of proceedings; courts often grant a temporary halt while the claim is examined.
• Prepare to present the evidence at the hearing; a judge may dismiss the eviction if the protection is verified.
• Consult a local tenant‑rights organization or legal‑aid clinic to verify filing deadlines and jurisdiction‑specific forms.

Outcomes depend on local interpretation of the statutes, so success is not guaranteed; embedding the protection claim within a broader defense strategy offers the strongest chance of stopping the eviction. For detailed guidance, see Fair Housing Act protections for seniors and people with disabilities.

Filing bankruptcy instantly triggers the automatic stay, which halts any eviction case the moment the petition is filed. Chapter 7 or Chapter 13 petitions both generate this protection, though the stay's scope may differ once the court reviews the filing. Some states, such as New York, grant a 30‑day grace period for nonpayment evictions that aligns with the stay, but other jurisdictions apply the injunction without a fixed window, so timing varies by local law. A landlord can request the court to lift the stay if the tenant's exemption is weak or the property faces imminent loss, meaning the pause isn't guaranteed forever.

Bankruptcy also scars credit reports and carries filing fees, so it functions more as a short‑term shield than a cure for overdue rent. We discussed negotiation tactics earlier, and free mediation options follow later, offering alternatives if bankruptcy feels too drastic.