Can't pay your rent: what to do and where to get help

Rent is due and the money isn’t there. It happens to many families, and there are usually more ways out than it seems. This guide is for anyone who does not yet have an eviction order: it explains how to talk to your landlord, where to look for help with rent and utility bills, what has to happen before anyone can remove you from your home, and where to find free legal aid. Everything comes from what the CFPB and HUD publish and, as examples of how a state handles it, the California and New York Attorneys General.

The number to find local help with rent and utility bills

211²

How long rental assistance may take after you apply

Several weeks²

HUD-approved housing counselors; ask for rental counseling

800-569-4287²

Of US renter households pay 30% or more of their income on rent

51%⁷

First: being behind is not an eviction

If you are having trouble paying rent, you are not alone, the CFPB says. As a renter you have local, state and federal rights, and some of them may help you stay in your home and postpone an evictionevictionEviction is the legal process a landlord uses to get back a rented home when the tenant does not want to leave. The most common reasons are unpaid rent, serious lease violations or a lease that has ended. First the landlord must give you written notice. If it is not resolved, the landlord needs a court order, and a law enforcement officer must carry out the removal. If you are sued, you have the right to file a written answer explaining to the court why you should not be evicted. The rules change by state and city.See the full definitionClose.¹ The same page warns about something worth knowing from the start: scammers target exactly the people who are looking for rental assistance.¹

Falling behind does not give your landlord permission to remove you. According to the CFPB, your landlord cannot force you out by changing the locks without a court order, or demand fees or interest you never agreed to or that your state or city prohibits.⁵ The California Attorney General puts it plainly: the only lawful way to evict a tenant is to file a case in court and go through the legal process.¹⁰

That does not mean you can wait. The same office says to act quickly if you get an eviction notice or know you cannot afford your rent, because many legal processes affecting tenants move fast.¹⁰ What you do in the first few days matters.

Your first steps, in order

You don’t have to do everything in one day, but you do need to start early. This order follows what the CFPB and HUD recommend.

From "I can't cover it" to a plan

1. 1. Run your numbers

   Today

   Write down what comes in, what goes out and what you can really pay this month. With that figure you can make a concrete offer.

   Try it with your numbersHow much rent can I afford?

2. 2. Talk to your landlord

   Before the due date, if you can

   Ask whether they are willing to work with you. It is very rare for a landlord to prefer an eviction to getting paid.³

3. 3. Call 211

   The same day

   From a cell phone or landline, a local specialist can tell you what help exists for rent and utility bills.²

4. 4. Apply for local assistance

   As soon as you can

   Look for programs in your city, county and state. Keep the confirmation: the money can take several weeks.²

5. 5. Ask for help with utility bills

   If you also owe power or gas

   LIHEAP helps year-round; the national referral line is (866) 674-6327.²

6. 6. Find someone to guide you

   This week

   A HUD-approved housing counselor who offers rental counseling, or a legal aid office if a notice has already arrived.²

The how much rent can I afford tool helps with the first step, and the family budget tool brings together everyone who contributes at home. The guide to a budget with several incomes explains how to plan for the week when rent is due before the paycheck lands.

How to talk to your landlord

The CFPB points out that eviction can be costly and difficult for landlords too. That is why it suggests talking about a repayment plan in addition to applying for assistance. There is a practical reason as well: many programs accept applications from both landlords and renters, and where renters can apply, they often need the landlord’s help to finish the application. Working together gives you a better chance of getting the money.⁴

How do you start? The CFPB recommends explaining why you want to work things out: what staying means for your family, whether you live close to work and school, what you are doing to get back on your feet. And don’t assume your landlord already knows.⁴ Sometimes the hardest part is just getting the conversation started.³

Bring a concrete offer. The CFPB describes these options and who they fit:

What you can offer and when it fits, according to the CFPB

Move or split the due date

• Rent is paid on your payday, or in two payments a month.⁴
• It fits if you juggle several bills and coming up with everything on the 1st is hard.⁴

Pay less for a while

• Your landlord accepts a smaller payment for a few months, as long as you pay the agreed amount each month.⁴
• Or waives late fees as long as you keep paying the agreed amount.⁴

A plan for back rent

• What you owe is repaid over time, say six months to a year, with a portion added to each month's rent.⁴
• It fits if you expect money soon, such as a child tax credit or a bonus.⁴

Put the agreement in writing, with dates and amounts, and keep a copy with your receipts.

About late fees: your landlord cannot demand charges you did not agree to or that your state or city prohibits.⁵ If you are asked for a fee you don’t recognize, ask where it appears in your lease.

Where to look for rental assistance

According to the CFPB, state, tribal and local organizations distribute money to help renters struggling with rent and other bills, and they are the best place to start. You can search online for rental assistance in your city, county, state or tribal nation; ask at your town hall, city council or your representative’s office; and visit your local library or a cultural center.²

211 is the shortcut. From a cell phone or landline, a local specialist who knows the resources in your area for rent and utility bills will answer.² If you have already lost your housing, HUD says to dial 2-1-1 and press 6 for homeless services.⁶

Keep two things in mind. First, timing: after you apply, the money may take several weeks to arrive.² Second, many of the large pandemic programs have closed or stopped taking applications, although some money may still be available.³ If one program is closed, ask 211 about another.

Help with utility bills. If you also owe for power or gas, LIHEAP helps year-round through its local offices, and the National Energy Assistance Referral Hotline is (866) 674-6327.²

Longer-term help from HUD. In subsidized housing, the government pays owners to offer reduced rents to tenants with low incomes. Housing choice vouchersHousing Choice Voucher (Section 8)The Housing Choice Voucher, the program almost everyone calls Section 8, is the country's largest federal rental assistance. HUD pays rental subsidies so eligible families can afford decent, safe and sanitary housing. Local public housing agencies administer it with HUD funds. The family finds its own home on the private market; if the agency approves the unit and the tenancy, it contracts with the owner to pay part of the rent, and the family pays the rest. Waiting lists are usually long and open for limited periods.See the full definitionClose (Section 8) can pay all or part of the rent on privately owned housing; to find out whether you are eligible, contact your public housing agencypublic housing agency (PHA)A public housing agency (PHA) is a state, county, municipal or other governmental entity or public body authorized to operate public housing or rental assistance programs. These are the agencies that locally administer the Housing Choice Vouchers (Section 8) and public housing with HUD funds: they open and manage the waiting lists, review eligibility and income, inspect units and pay the owner its share of the rent. Each county usually has one or several; your page shows the ones serving your area with their phone numbers.See the full definitionClose.² HUD explains that the agency decides based on your yearly income, whether you are a family, an older adult or a person with disabilities, and your citizenship or eligible immigration status.⁶ Your state’s page under Places lists the housing agencies in your area. If not everyone in your family has the same immigration status, the guide on rental help and public charge sums up what the rules say.

The federal reference comes from HUD’s rule for its housing programs: the tenant’s payment is set at 30% of the family’s monthly adjusted income.⁷ According to the Census Bureau’s American Community Survey, 51% of renter households pay 30% or more of their income on rent. The rent burden page has the numbers for your area.

Example with real numbers

How much rent weighs on a typical income

With the typical US household income and HUD's federal reference.

Typical household income, per month

$6,728

Rent that fits in 30% of that income

$2,018

Typical US rent

$1,413

This is an example with national Census numbers. The 30% reference comes from HUD's rule for its programs.⁷ With your own numbers, the tool tells you how much fits in your budget.

Run it with your numbersHow much rent can I afford?

If a notice arrives: what an eviction requires

If you stay behind, you may receive an eviction noticeeviction noticeAn eviction notice, also called a notice to quit or notice to vacate, is the written letter in which the landlord demands that you leave the home within a certain time. In general the landlord must give you this notice before starting an eviction case in court. At a minimum it should say why the landlord wants you out and what you can do to avoid it, such as paying the back rent. Your state's law decides when it can be given, how it must be delivered and how much time you get. The notice is not a court order: with the notice alone, the landlord cannot remove you.See the full definitionClose from your landlord. A notice is not a judge’s order. How many days it gives you is set by each state’s law, and some states and cities have rules that can delay an eviction while you get help; local housing counselors, legal aid and social services organizations can explain how they work.³

Notice for late rent, by state

State	Notice for late rent
Alabama	7 business days
Alaska	7 days
Arizona	5 calendar days
Arkansas	3 days
California	3 court days
Colorado	10 days
District of Columbia	10 days
Florida	3 days
Georgia	3 business days
Hawaii	10 calendar days
Idaho	3 days
Illinois	5 days
Indiana	10 days
Iowa	3 days
Kansas	3 calendar days
Kentucky	7 days
Louisiana	5 days
Maryland	10 days
Massachusetts	14 days
Michigan	7 days
Minnesota	14 days
Mississippi	3 days
Montana	3 days
Nebraska	7 calendar days
Nevada	7 judicial days
New Hampshire	7 days
New Mexico	3 days
New York	14 days
North Carolina	10 days
North Dakota	3 days
Ohio	3 days
Oklahoma	5 days
Oregon	10 days
Pennsylvania	10 days
Rhode Island	5 days
South Carolina	5 days
Tennessee	14 days
Texas	3 days
Utah	3 business days
Vermont	14 days
Virginia	14 days
Washington	14 days
Wisconsin	5 days
Wyoming	3 days

This is the general notice to pay or leave; your city may have rules that change it.³ Tap your state for the details. Source: each state's laws

New York shows how the process continues. There, the Attorney General explains that the landlord cannot take you to court for non-payment unless they first gave you a 14-day written rent demand; that you can be legally evicted only after a court case and a judgment; and that only a sheriff, marshal or constable can carry out the order. It also says that until the warrant is carried out, you can have a non-payment case dismissed by paying all the rent you owe, and that you cannot be evicted for not paying other fees, such as late fees.⁹ Other states have different rules: don’t take New York’s as yours.

If you are sued, don’t give up. The CFPB says too many renters give up before they get to court. You have the right to file a written answer, even without a lawyer. If you applied for assistance and are waiting for a decision, say so: the judge may delay or dismiss the eviction because you are trying to get help.³ The guide What to do if you get an eviction notice walks through each stage, and the eviction timeline tool lays out your state’s dates.

If your landlord changes the locks, removes your belongings or cuts off utilities to make you leave, that is not a lawful eviction. The guide to illegal lockouts explains what to do that same day.

Free legal aid and housing counselors

You don’t have to pay to get guidance. The CFPB recommends talking to a lawyer if your landlord is threatening to evict you or you need help understanding your rights, and explains that you may qualify for free legal aidlegal aidLegal aid is the free civil legal help that nonprofit organizations and their lawyers provide to low-income people in civil, not criminal, matters. In housing, that includes representing families facing eviction or foreclosure, alongside matters such as custody, child support, protection from domestic violence and access to benefits. In the United States, the Legal Services Corporation, created by Congress, funds a nationwide network of these organizations; its finder points you to the one in your area. Each sets its own income limits.See the full definitionClose based on your income, through your local bar association or a legal aid office.² The California Attorney General adds that if you cannot afford a lawyer, you may qualify for free or low-cost legal aid.¹⁰

To find it, the Legal Services Corporation, created by Congress, funds civil legal aid for low-income Americans. On its site you type an address or city and it shows the nearest organization; LawHelp.org has legal information and free forms.⁸ The guide to free legal aid explains who qualifies.

A HUD-approved housing counselorHUD-approved housing counselorA HUD-approved housing counselor works at an agency HUD has approved to provide housing counseling: independent, expert advice customized to your situation about buying a home, renting, a missed mortgage payment, a foreclosure or credit problems. The agencies usually charge little or nothing; many serve in Spanish and offer the homebuyer education course several assistance programs require. They are not lenders or real estate agents and sell you nothing. Your county page lists the official agencies with phone numbers.See the full definitionClose can help you find resources in your area and make a plan. Not all of them offer rental counseling, so check that it is among their services. The number is 800-569-4287.² The guide to HUD-approved counselors explains how to choose one.

If the person collecting your back rent is your landlord’s lawyer or a collection agency, they may be a debt collector under federal law. Debt collectors cannot use unfair or deceptive practices; if you think one is, you can submit a complaint to the CFPB or call (855) 411-2372.² The guide to debt collection explains your rights.

If this is you

You already have a voucher or live in subsidized housing

HUD says public housing residents and voucher holders who need help should contact their local public housing agency; call it early.⁶

You are an active servicemember

If you are taken to court, you and your dependents can ask for a pause of up to 90 days; talk with your Legal Assistance Office.³

You are facing violence at home

If you are in danger, call 911 or 1-800-799-7233.⁶ Federal law may protect you from eviction or losing your subsidy because of violence committed against you.⁵

Your family has mixed immigration status

211 and local programs can tell you what each one asks for. For public housing and vouchers, HUD looks at citizenship or eligible immigration status.⁶ For your own case, talk with an accredited representative or legal aid.

Costly mistakes

• Mistake: Waiting for your landlord to contact you.

  Instead: Reach out first: landlords very rarely prefer an eviction to getting paid.³

• Mistake: Applying for assistance only after the lawsuit arrives.

  Instead: Apply at the first missed payment: the money can take several weeks.²

• Mistake: Paying someone who promises to get you assistance.

  Instead: Scammers target people seeking that help; apply directly to the program or through 211.¹

• Mistake: Accepting fees that aren't in your lease.

  Instead: Your landlord cannot charge fees you did not agree to or that your state prohibits.⁵

• Mistake: Skipping court because you don't have a lawyer.

  Instead: You can file a written answer on your own, and you may qualify for free legal aid.³

What to do this week

1. Work out how much you can pay this month and write an offer with dates and amounts.⁴
2. Talk to your landlord and ask whether they are willing to work with you.³
3. Call 211 and apply for assistance in your city, county or state; keep the confirmation.²
4. If you owe power or gas, call LIHEAP at (866) 674-6327.²
5. If a notice arrives, call a free legal aid office or a housing counselor at 800-569-4287.²