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Emergency Rental Assistance for Eviction: What to Do After a Notice or Court Date

Emergency rental assistance for eviction is money that pays back rent after a landlord has started the eviction process, and today it comes from local programs, court diversion projects, and charities rather than one federal fund. If you already have a notice or a court date, you have two jobs at once: protect your legal rights and chase the money. This guide explains what your papers mean, typical timelines, court diversion and free lawyer programs, which funds actually want an eviction notice, what to do at the hearing, and how to clear an eviction later.

Updated November 7, 2026By the NRP Editorial Team10 min read

Quick answer

Emergency rental assistance for eviction is now local. The federal Emergency Rental Assistance program has ended, and the CDC eviction moratorium ended in 2021. If you have a notice or court date: (1) read the deadline on your papers and file any required answer; (2) apply the same day for help from your county human services office, local homelessness prevention programs (HUD Emergency Solutions Grants), and charities, which often require an eviction notice; (3) call free legal aid, and ask whether your city gives tenants a right to a lawyer (about 28 places do, including New York City, Philadelphia, and Washington State); (4) go to your hearing with proof of any pending application. Never skip court because help is on the way.

Key facts

  • A notice is not an eviction. Only a court order lets a sheriff or constable remove you.
  • Deadlines are short. California tenants generally get 10 days to respond to a court case; Florida and Texas notices can be as short as 3 days.
  • Diversion programs: Philadelphia requires landlords to try its program for 30 days before filing.
  • Free lawyers: about 28 cities, counties, and states guarantee counsel for some tenants.
  • Records: some states seal or remove eviction cases that were dismissed or settled.
Table of contents
  1. Reading the papers you received
  2. Eviction timelines in four places
  3. Emergency rental assistance for eviction cases
  4. Court eviction diversion programs
  5. Right to counsel for tenants
  6. Getting ready for the hearing
  7. Is the CDC eviction moratorium still in effect?
  8. After a judgment
  9. Clearing an eviction from your record
  10. Your first five days
  11. Related guides
  12. Frequently asked questions

Reading the papers you received

Eviction happens in stages, and the paper in your hand tells you which stage you are in. Each one opens different kinds of help.

PaperWho sends itWhat it meansHelp that often fits
Notice to pay or quit / notice to vacateLandlordThe landlord may file in court if you do not pay or move by the dateCharities, county emergency funds, payment plan with landlord
Summons and complaintCourt (served by landlord or officer)A case is filed; you have a deadline to respond and a hearing dateLegal aid, diversion programs, funds that require a filed case
Judgment for possessionCourtThe landlord won the right to the unitLawyer about appeal or settlement; move-out and rehousing help
Writ of possession / executionCourt, served by sheriff or constableRemoval can happen after a short waiting periodEmergency shelter, storage help, rapid re-housing

Your landlord cannot change the locks, remove your belongings, or shut off utilities to force you out. Those "self-help" lockouts are generally illegal, and many states let tenants sue for damages. Only a court officer can carry out an eviction.

Eviction timelines in four places

Every state writes its own rules, and the details change often. These examples show how much they vary. Always go by the dates printed on your papers.

  • California. A notice to pay rent or quit does not count weekends or court holidays, according to the California courts self-help site. Once you are served with a court case, the courts say you must file your response within 10 days. Missing it can lead to a default judgment.
  • Florida. Under Florida Statutes 83.56, a landlord may end the lease if rent stays unpaid 3 days after a written demand, not counting Saturdays, Sundays, and court-observed holidays.
  • Texas. Texas Property Code Chapter 24 generally requires at least 3 days' written notice to vacate unless the lease says otherwise. New procedures apply to eviction suits filed since January 1, 2026; our guide to eviction assistance in Texas explains them.
  • Philadelphia. Before filing a residential eviction, landlords must take part in the city's Eviction Diversion Program for at least 30 full days.

From notice to removal, an uncontested case can take only a few weeks in fast states. A case with an answer, a defense, or a settlement often takes longer. Use that time.

Emergency rental assistance for eviction cases

Treasury's Emergency Rental Assistance program, which funded most rent relief from 2021 on, has ended; the final ERA2 period closed on September 30, 2025, as noted on the Treasury ERA page. What remains is smaller and local. Several of these sources actually want to see a notice or court case before they pay.

Homelessness prevention through HUD funds

HUD's Emergency Solutions Grants pay local agencies to prevent homelessness. Prevention help can cover back rent, but it is generally limited to households with very low incomes, under 30 percent of area median income, who have no other way to stay housed. An eviction notice is often how agencies document that risk. Our guide to emergency solutions grants explains how to reach these funds through 211 or coordinated entry.

County human services emergency funds

County or state human services departments run one-time emergency payments funded by TANF or state money. Michigan's State Emergency Relief, for example, ties its eviction help to court papers. Expect questions about whether you can afford the rent after the payment.

Charities

The Salvation Army, Catholic Charities, St. Vincent de Paul, and local churches often pay part of the arrears. Many ask for the notice or summons and a landlord ledger, and many pay only if the total gets covered. Combine sources: one partial pledge plus a county grant can clear the balance.

Ask for a written pledge. If a charity or agency approves you, ask for a letter stating the amount and when it will pay. Bring it to court and show it to your landlord.

Court eviction diversion programs

Diversion programs pause the fight long enough to try mediation, a payment plan, or a rent payment. They work best when used early. Here are three, and what happened to a fourth.

Philadelphia Eviction Diversion Program

Under Philadelphia Code section 9-811, every residential landlord must use the Eviction Diversion Program before filing in Municipal Court, and must take part in good faith for at least 30 full days. Only landlords can start a case, but tenants must attend mediation and send any requested papers within five days. The city's Targeted Financial Assistance can pay arrears when the tenant owes $3,500 or less and earns under 80 percent of area median income, plus up to two more months of rent if the tenant stays. Tenants with questions can call the program's tenant hotline at 215-523-9501.

Cook County Early Resolution Program

In Cook County, Illinois, the Cook County Legal Aid for Housing and Debt program offers free legal help, mediation, and referrals to rental assistance when funds are available. It serves county residents regardless of income or immigration status, and you do not need to have a court case to call.

Texas: the statewide program has ended

The Texas Eviction Diversion Program, which let justice courts pause cases while rent relief was paid, ended in mid-2023. Texas tenants now rely on local funds, legal aid, and the rules in effect for their filing date.

If your court has a diversion or mediation desk, ask the clerk the day you are served. Many local programs exist only at certain courthouses and are not advertised widely.

Right to counsel for tenants

Most tenants go to eviction court alone, while most landlords bring a lawyer. A growing number of places now guarantee a free lawyer to some tenants. The National Coalition for a Civil Right to Counsel counts about 28 jurisdictions with enacted laws as of October 2026: five states and more than 20 cities and counties. Its tenant right to counsel page tracks the list.

  • States: Washington, Maryland, Connecticut, Minnesota, and Nebraska. Nebraska's law is narrow and covers certain public housing tenants. Washington's program is run by the Office of Civil Legal Aid.
  • Cities and counties include: New York City, San Francisco, Newark, Cleveland, Philadelphia, Baltimore, Seattle, Denver, Kansas City, Minneapolis, Nashville, Westchester County, and Los Angeles County.

Most of these programs have income limits, phase in by ZIP code, or cover only certain cases. In New York City, ask about the city's free legal services for tenants. Everywhere else, use the Legal Services Corporation legal aid finder.

Getting ready for the hearing

  1. File your answer if one is required. Some states need a written response by a deadline. Others let you answer at the hearing. The summons says which.
  2. Collect proof. Rent receipts, bank records, texts with the landlord, photos of repair problems, and the lease.
  3. Bring proof of pending help. Application numbers, approval letters, or a caseworker's contact information. Judges and landlords are more willing to pause or settle when money is coming.
  4. Arrive early. Look for a legal aid table or a mediator in the hallway. Many settlements happen before the case is called.
  5. Read any agreement before you sign. Check the amounts, the payment dates, and what happens if a payment is late. Ask whether the case will be dismissed or sealed when you finish paying.
  6. Ask for time if you need it. You can request a short postponement to finish an assistance application. The judge may or may not grant it.

If you miss the hearing, the landlord usually wins by default. Call the court clerk right away to ask about a motion to set aside the judgment.

Is the CDC eviction moratorium still in effect?

No. The federal CDC eviction moratorium ended in August 2021 after the Supreme Court blocked it, and no national eviction ban exists today. Some tenants in federally backed properties still get a 30-day notice for nonpayment under federal rules, and a few cities have their own local protections. A website or caller claiming you can stop an eviction by filing a CDC declaration is wrong.

After a judgment

A judgment against you is serious but not always the end. Ask a lawyer quickly about these options:

  • Appeal. Deadlines are very short, often days. Some states require you to post rent with the court to stay in the unit during an appeal.
  • Paying to stay. In some states, paying the full judgment before removal can end the case. In others, the landlord can still refuse. A lawyer can tell you which rule applies.
  • Time to move. Ask the court or landlord for a few extra days. Ask 211 about shelter, storage, and rapid re-housing programs that pay a deposit on a new place.

Clearing an eviction from your record

An eviction filing can follow you on tenant screening reports even when you won. A few states limit that harm:

  • Minnesota. Under Minnesota Statutes 484.014, courts must expunge an eviction case when the tenant won, the case was dismissed, the parties agreed to it, or three years have passed since the eviction was ordered. Courts may also expunge others in the interests of justice.
  • California. Courts keep eviction case files closed to the public for the first 60 days after filing, and if the tenant prevails in that window the file generally stays private, as the Santa Barbara Superior Court explains.

When you settle, ask for the case to be dismissed and, where allowed, sealed as part of the deal. For screening reports, disputes, and renting again, see our guide to second chance apartments that accept evictions.

Your first five days

  1. Day 1: write down every deadline on your papers. Call 211 and your county human services office.
  2. Day 1 or 2: call legal aid or your city's right-to-counsel line.
  3. Day 2: ask your landlord, in writing, whether they will accept assistance or a payment plan.
  4. Day 3: apply to at least two charities and send each the notice and ledger.
  5. Before your deadline: file any required answer, then go to court with your papers and proof of pending help.

Help is free. Legal aid, 211, court diversion programs, and government rent help never charge an application fee. National Relief Program is an independent website, not a government agency.

Frequently asked questions

Can I still get emergency rental assistance for eviction after a court date is set?

Yes. Many local programs and charities help after a case is filed, and some require a summons. Apply right away and bring proof of your application to the hearing.

Does an eviction notice mean I have to move out right away?

No. A notice starts the process. Only a court judgment followed by a writ served by a sheriff or constable can remove you.

Is there still federal emergency rental assistance?

No. Treasury's Emergency Rental Assistance program has ended. Rent help now comes from local, state, and charity programs, including HUD-funded homelessness prevention.

Do I get a free lawyer for an eviction?

It depends on where you live. About 28 jurisdictions guarantee counsel for some tenants, such as New York City, Philadelphia, and Washington State. Elsewhere, legal aid may still help for free.

Can an eviction be removed from my record?

In some states. Minnesota must expunge dismissed or settled-by-agreement cases and those older than three years, and California keeps many case files private. Ask for dismissal and sealing when you settle.

This guide is general information, not legal advice. Eviction rules and deadlines differ by state and city and change often. National Relief Program is an independent website and is not affiliated with any court or government agency.

Before you apply: program rules, amounts, and deadlines change. Always confirm details with the official agency or program administrator. Applying for government benefits is free.

National Relief Program is an independent guide, not a government agency. Spotted an error? Email support@nationalreliefprogram.org.