6103EN – Rev. 01/2014
HUD Housing Evictions
Should I use this publication?
enjoyment of the premises by other
residents or persons living in your
immediate vicinity or the health or
safety of any on-site property
management staff, and any drug-related
activity on or near the premises.
As a tenant living in an apartment complex
where the landlord has a contract with the
United States Department of Housing and
Urban Development (HUD), you have more
protection against evictions than most
other tenants. This publication briefly
explains your rights and the steps you can
take to avoid an eviction. This information is
important. If the landlord evicts you, you
will lose your federal housing assistance.
D. Other good cause.
Your lease may have a provision holding
you responsible for any drug-related
criminal activity of any member of your
household, any guests, or other persons
acting under your control. The U.S.
Supreme Court says that under Federal law,
landlords can evict tenants in HUDsubsidized housing when other household
members or guests commit certain crimes.
The Court said it does not matter that you
did not know of or could not have
prevented the criminal activity.
When can my landlord evict me?
Your landlord can only evict you by
following federal, state, and local laws. The
federal requirements for terminating your
tenancy are in your lease. Ask your landlord
for a copy of your lease. Read it carefully.
Under your lease and HUD regulations, your
landlord may only end your tenancy for:
Does my landlord have to give me
notice that s/he is evicting me?
A. "Material noncompliance" with the
rental agreement. This includes:
Yes. The notice must be in writing. It must
state:
•
A serious violation of your lease
•
Repeated minor violations of your
lease that disrupt the project, affect
anyone’s health or safety, interfere
with the management, or have an
adverse financial impact on the
apartment complex
•
when your tenancy will end
•
the reasons for the eviction in
enough detail so that you can
prepare a defense
•
what you did
•
Failure to report changes in your
family size or income
•
when you did it
•
Nonpayment of rent
•
who was involved
•
how this violated your lease
•
that, if you do not move, your
landlord can only remove you from
your apartment by bringing a lawsuit
and you will have a chance to
B. Material failure to carry out your
obligations under the Washington
Residential Landlord - Tenant Act.
C. Criminal activity that threatens the
health, safety, or right to peaceful
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6103EN – Rev. 01/2014
•
defend yourself
•
termination notices
that you may meet with your
landlord to discuss the matter
•
rent payment history
•
inspection reports
 If your landlord brings
an unlawful detainer
action (eviction lawsuit)
against you, s/he can
only rely on the
reasons in the eviction
notice.
•
notes of conversations
•
witness statements
•
police reports
Lawsuits are risky. You should try to settle
your dispute with your landlord without a
lawsuit. It is better to avoid an eviction
lawsuit before it starts than to defend the
lawsuit after it has started. To avoid losing
your federal housing assistance, it is often
better to settle your case rather than leave
the decision to a court.
Your landlord must mail the notice to you
by first-class mail. S/he must also give a
copy to any adult answering your door. If no
adult is home, the landlord must leave a
copy of the notice under your door, if
possible, or else post it on the door. Service
is not complete until the landlord has both
mailed and delivered the notice to your
apartment.
I could not settle my eviction at the
meeting. Can the landlord evict me
now?
No. Your landlord must file a lawsuit and
get a court order before evicting you from
your apartment. Your landlord has no right
to lock you out of your apartment, shut off
your utilities, or otherwise remove you or
your things from your apartment without a
court order. Immediately call the cops or
sheriff, and then a lawyer, if your landlord:
I got an eviction notice. What
should I do?
You should immediately set up a meeting
with the landlord to discuss the notice and
any steps you can take to correct any lease
violations. Make your meeting request in
writing. Keep a copy for proof that you gave
it to the landlord within the deadline in the
eviction notice.
You should ask to see your file and copy any
documents related to the dispute. These
might include:
your lease
•
written complaints
tries to illegally evict you OR
•
takes your belongings
The landlord may delay filing an eviction
lawsuit due to the expense. They may also
reject your rent in the hope you will move
on your own. Do not move without first
talking with a lawyer. If you move, you will
lose your federal housing assistance! Keep
paying your rent, unless you move. If your
landlord rejects your rent, set the funds
aside to pay your rent later. Do not spend
your rent money, except to move.
 If the landlord refuses
to meet with you, you
can raise this as a
defense in court.
•
•
You will find out a lawsuit has started when
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6103EN – Rev. 01/2014
the landlord has served you with a
Summons and Complaint for Unlawful
Detainer. Once the landlord has served you
with these papers, you must act
immediately to avoid an eviction. Our
publication called Eviction and Your
Defense explains how to avoid eviction and
defend the lawsuit.
 Contact your local Dispute
Resolution Center. Find out if
it can help mediate your
dispute with your landlord.
If the landlord will not negotiate a
reasonable settlement, your only choices
will be:
Always serve a copy of a Notice of
Appearance or Answer on the lawyer
representing your landlord by the deadline
stated in the Summons. You may also have
to file other papers, pay rent to the Court
Clerk and appear for a hearing. If you fail to
respond in writing or follow the other
instructions in the Summons and any
accompanying orders, you may lose without
a court hearing (“by default”).
•
defend the lawsuit
•
move and give up your federal
housing assistance
If possible, discuss your options with a
lawyer before moving. If you have to
represent yourself, make sure the court
understands you live in a HUD-subsidized
apartment. You should always show the
judge or court commissioner a copy of your
lease. The lease describes when the
landlord can evict you. Our Eviction and
Your Defense publication has forms and
instructions to help you defend yourself in
court.
The landlord has filed an eviction
lawsuit. Is it too late for us to settle?
Maybe not. Your landlord may yet settle the
lawsuit if you will sign a written settlement
agreement. It should say what you must do
to keep your tenancy. It will usually
authorize your landlord to evict you if you
violate the settlement agreement.
I lost the court case. Now what?
As a condition of settlement, your landlord
may ask you to pay some of his/her court
costs and attorney's fees. It may be better
to pay some court costs and attorney's fees
than to risk losing your housing assistance.
The court will issue a Writ of Restitution
requiring you to move. The court will also
enter a judgment against you for unpaid
rent, court costs and attorney's fees. The
landlord has at least ten years to try to
collect the judgment. Our publication called
Debtor's Rights in a Lawsuit explains more.
Do not enter into a settlement agreement
you do not understand or cannot obey. A
settlement agreement is a binding contract.
The court will usually enforce the
agreement despite any hardship to you.
The Sheriff's office will deliver the Writ of
Restitution to you personally or post it on
your door one or two days after the court
enters the judgment. The Sheriff has to
enforce the Writ within ten days after the
court issues it, but no sooner than three to
five days after it the Sheriff delivers or posts
it. The Sheriff will let you know when you
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6103EN – Rev. 01/2014
must move and the date the sheriff will
return if you do not move.
deaf or hard of hearing, call 1-888201-1014 using your preferred TTY
or Video relay service.
If you are still on the premises when the
sheriff returns, the sheriff will supervise the
removal of you and your belongings from
the apartment. They may threaten you with
arrest or arrest you if you try to interfere.
•
King County: Call 211 for
information and referral to an
appropriate legal services provider
Monday through Friday from 8:00
am – 6:00 pm. You may also call
(206) 461-3200, or the toll-free
number, 1-877-211-WASH (9274).
211 works with a language line to
provide callers free interpreters.
Deaf and hearing-impaired callers
can call 1-800-833-6384 or 711 to
get a free relay operator. They will
then connect you with 211. You can
also get information on legal service
providers in King County through
211’s website:
www.resourcehouse.com/win211/.
•
Persons 60 and Over: Persons 60 or
over may call CLEAR*Sr at 1-888387-7111, regardless of income.
What if I need legal help?
•
•
Apply online with CLEAR*Online http://nwjustice.org/get-legal-help
or
Call CLEAR at 1-888-201-1014
CLEAR is Washington’s toll-free, centralized
intake, advice and referral service for lowincome people seeking free legal assistance
with civil legal problems.
•
Outside King County: Call 1-888201-1014 weekdays from 9:10 a.m.
until 12:25 p.m. CLEAR works with a
language line to provide callers free
interpreters as needed. If you are
This publication provides general information concerning your rights and responsibilities. It is not intended
as a substitute for specific legal advice.
This information is current as of January 2014.
© 2014 Northwest Justice Project — 1-888-201-1014
(Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for noncommercial use only.)
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