Eviction Prevention
Eviction Process
Have you had an eviction filed against you? Please read these important notes about the eviction process:
NOTE: If you are facing an eviction and would like to speak with someone, you can call the Neighborhood & Housing Services Department at 210-207-5910 or contact eviction help with questions.
Notice to Vacate
Your eviction process will start when you receive a Notice to Vacate. The landlord or the landlord’s agent will deliver this to you personally or to a person that is living with you. You should also receive the Notice of Tenants' Rights(PDF, 178KB) advising you of your rights and resources. If you are not home, this notice is frequently taped to the main door of the property.
The notice will usually contain a stated reason for the eviction, a delivery date and a notice when to vacate the property - usually in 3 days. You do not have to leave the property by the date indicated. This is an attempt to have you vacate the property. However, it is in your best interest to vacate before the landlord files for an eviction hearing. At that point, you will be required to attend and it will negatively affect your credit record and rental history.
Other Languages: Notice of Tenants' Rights
Eviction Hearing
Although you are not required to leave by the date on the notice, your failure to leave will probably result in the landlord filing an eviction suit against you. The suit is an effort by the landlord to obtain a Forcible Entry and Detainer. It is a lawsuit whereby the landlord seeks to obtain a court order requiring you to leave the premises.
Your court hearing will generally be 6-10 days from the delivery date. If you miss the court hearing, you will lose by default and your rental history and credit will be damaged. If the landlord is seeking to evict you because of rent delinquency, the judge will most likely order the eviction. If rent is withheld, it should be in the form of a money order dated for the day the rent is due. However, it is not recommended that you withhold rent.
If the judge grants the eviction, you will have 5 days to vacate the property before the landlord and constable can remove all your possessions. If you feel the need to appeal, you may do so within 5 days of the eviction hearing.
The appeals process is complex and will require an attorney and a deposit to the court in the amount of one month’s rent. If you have the landlord’s consent to pay late and that an eviction will not occur, make sure to get that agreement in writing.
Rental & Financial Assistance