Free Guide to Hardship Eviction Stay Options

Understanding Hardship Eviction Stays: What They Are and How They Work

A hardship eviction stay is a legal pause on an eviction process. When a court grants a stay, it temporarily stops or delays an eviction from moving forward. This gives renters time to address the underlying problems—usually unpaid rent or lease violations—before a landlord can physically remove them from their home.

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The concept of eviction stays exists in most U.S. states, though the specific rules vary considerably. Some stays last 30 days, while others may extend several months. The purpose is to balance two competing interests: a landlord's right to collect rent and enforce lease terms, and a tenant's need for time to resolve financial or other hardships.

Eviction stays are different from eviction prevention programs. A stay is a court order that pauses legal proceedings. Prevention programs, by contrast, may provide rental assistance or mediation services to keep an eviction from being filed in the first place. Understanding this distinction matters because the resources you need depend on where you are in the eviction process.

During the COVID-19 pandemic, many states and the federal government created temporary eviction moratoriums—broader rules that stopped most evictions entirely for certain renters. Those emergency measures have largely ended, but many permanent hardship stay options remain available through state courts and local housing programs.

The key to using a hardship stay effectively is understanding the timeline. Eviction cases typically move quickly—sometimes from filing to judgment in just a few weeks. Knowing when you can request a stay and what information you'll need to present can make the difference between staying in your home and losing it.

Takeaway: A hardship eviction stay is a court-ordered delay in your eviction case. It's a legal tool, not financial aid, but it buys time to resolve the underlying issue or explore other options.

State-Level Hardship Stay Laws and Requirements

Most U.S. states have laws allowing tenants to request hardship stays in eviction cases. These laws typically require that the tenant demonstrate a genuine hardship—often financial hardship related to COVID-19, job loss, medical emergency, or other circumstances beyond their control. However, the specifics differ significantly from state to state.

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California's AB 3088, for example, was a law passed in 2020 that allowed tenants to assert a defense based on financial hardship caused by the pandemic. While that specific law has expired, California courts may still consider hardship as a factor when a tenant requests a stay. Similarly, New York implemented laws giving tenants the right to a hardship stay under certain conditions, and several other states have codified hardship defenses into their tenant protections.

Some states require you to prove you paid at least 25% of the rent owed before requesting a stay. Others require you to demonstrate that you attempted to seek other resources or relief. A few states allow stays for broader reasons, including job loss, reduced income, medical expenses, or domestic violence. Each state's requirements are distinct, and local county courts may interpret these laws differently.

To understand what applies in your location, you need to research your specific state's laws. This typically means checking your state's legislative website, reading summaries from legal aid organizations, or reviewing court rules posted by your county's court system. Many states have legal aid organizations that publish guides specifically for tenants facing eviction in that state.

The burden of proof usually falls on the tenant. You'll need to present evidence—such as pay stubs showing reduced income, medical bills, bank statements, or documentation of job loss—to support your hardship claim. Courts vary in how strictly they require this documentation, but the more concrete your evidence, the stronger your position.

Takeaway: Every state has different hardship stay laws. Start by researching your state's specific rules through your state's court system or local legal aid organization.

How to Request a Hardship Stay in Court

If your landlord has already filed an eviction case against you, you can request a hardship stay by filing a response or motion with the court. The exact process depends on your state and local court rules, but the general steps are similar across most jurisdictions.

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First, you need to obtain a copy of the eviction filing. Your landlord must serve you with the eviction notice and court documents, which typically happens by mail, personal delivery, or posting on your door. These documents tell you which court is handling the case, the case number, and important dates—especially the deadline to respond. This deadline is critical. If you miss it, you may lose your right to contest the eviction entirely.

Next, you'll need to prepare your response. In most states, this is done by filing a written document with the court before the deadline. Some courts require a specific form; others allow a simple written statement. Your response should include your name, the case number, and a clear statement that you are asserting a hardship defense. Then, explain your hardship in detail. For financial hardship, describe what caused your income loss or increased expenses. Provide dates, amounts, and the impact on your ability to pay rent. Include any supporting documents—loss of income letters, medical bills, bank statements, proof of job loss, or other evidence.

Many courts require you to file your response in person or by mail at the courthouse, though some now accept electronic filing. Check your court's website for the specific filing method and address. You'll typically need to file the original and one or more copies. Some courts charge a small filing fee, though many waive fees for those with low income—ask the clerk about fee waivers.

After you file, you may be required to attend a hearing. At the hearing, a judge will review your hardship claim and decide whether to grant a stay. You should bring all supporting documents and be prepared to answer questions about your situation. Speaking clearly and honestly about your circumstances is important.

Takeaway: Request a hardship stay by filing a written response with the court before the response deadline. Include detailed information about your hardship and bring supporting documents to any hearing.

Documenting Your Hardship: What Evidence Strengthens Your Case

The strength of your hardship stay request depends heavily on the documentation you provide. Courts make decisions based on evidence, not just your explanation. The more concrete proof you can gather, the more persuasive your case becomes.

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For job loss or reduced income, gather pay stubs showing your previous earnings and current situation. If you've lost your job entirely, obtain a letter from your employer stating the date of termination and final pay. If your hours have been reduced, pay stubs over several months show the pattern clearly. Unemployment benefits statements or correspondence from your state's unemployment office also demonstrate income loss. If you're self-employed, tax returns and business records may be needed.

Medical or health-related hardship requires different documentation. Hospital bills, medical invoices, prescription receipts, or letters from medical providers describing treatment and costs help establish the hardship. If medical issues caused you to miss work, a doctor's note explaining your condition and work restrictions strengthens your case. Insurance explanation-of-benefits documents showing out-of-pocket costs are also useful.

For childcare expenses that have increased your costs, daycare invoices or care provider statements showing the amounts you pay are helpful. Proof of increased childcare needs (such as a doctor's note requiring supervised care) makes the connection to hardship clearer. Similarly, documentation of domestic violence, such as police reports or protective order paperwork, supports a hardship claim in states that recognize this reason.

Bank statements and rent payment records matter too. They show whether you've been able to pay any portion of rent and your overall financial situation. Even if you haven't paid full rent, showing that you paid something demonstrates good faith effort. Statements showing small remaining balances or inability to withdraw funds illustrate the depth of your financial difficulty.

Letters from community organizations, nonprofits, or government agencies you've contacted for help also carry weight. These show that you took steps to address the hardship beyond simply not paying rent. Similarly, evidence that you've sought rental assistance through state or local programs demonstrates you're trying to resolve the situation.

Takeaway: Gather specific, dated documents showing your income loss, medical costs, or other hardship. Bank statements, pay stubs, medical bills, and letters from employers or providers are the most persuasive evidence.

Alternative Hardship Resources: Rental Assistance and Mediation Programs