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Eviction Filings Are Rising and What Renters Can Do Now
Renting

Eviction Filings Are Rising and What Renters Can Do Now

By Topfind Realty8 min read
Home/Blog/Renting
Eviction filings are running above pre-pandemic levels as rental assistance dries up. What renters should do now to protect their housing and record.

Eviction filings are climbing past pre-pandemic levels in courtrooms across the country, and the emergency rental assistance that kept many households afloat over the past several years has largely run out. If you rent, this deserves your attention now, while you still have options, not later, when a court deadline is already running. Here is what the data actually shows, what it means for your household, and the steps I give renters who want to protect both their housing and their rental record.

Read the numbers as a warning, not a prediction

Treat this data as a reason to prepare, not a reason to panic. Every step that follows works better the earlier you take it.

Court data compiled by the tenant hotline HOME Line shows 6,402 eviction cases filed in one state in the first quarter of 2026, slightly ahead of 2025, which was already the highest filing year on record there, and nearly 10 percent above the recent average. Governing reports that the mutual aid and local assistance funds that had been covering back rent are running dry. Lawmakers there responded with a 40 million dollar rental assistance package, which passed in May 2026 as part of a broader housing bill, MinnPost reported, though that money will take time to reach households already behind.

The pattern is not limited to one place. Filings in the Austin area reached a five-year high, and Governing reports that landlords there filed about 30 percent more eviction notices last year than the post-pandemic average, the largest increase among the 38 cities tracked by Princeton University's Eviction Lab. In another state, the Eviction Research Network reports that roughly 1 in 47 renter households faced an eviction filing over a recent 33 month stretch, about 45 percent above the pre-pandemic normal, with the highest filing rates in suburban and smaller counties rather than the biggest city.

Notice something important in the Austin numbers. Median rents there fell from about 1,546 dollars a month at the end of 2021 to about 1,296 dollars at the start of 2026, according to a Pew study cited by Governing, yet filings still climbed. Falling rents do not protect a household that is already behind. Accumulated arrears and the end of pandemic-era programs are driving filings, which is exactly why early action matters more than market conditions.

If money is getting tight, act before you miss a payment

Do not wait for a late notice to start the conversation. Many owners absorbed long delinquencies during the pandemic and are no longer willing to carry them, so filings come faster than they did a few years ago. Your leverage is highest before a payment is missed.

Email your landlord or property manager, explain the shortfall, and propose a specific plan with dates and amounts. Vague promises get filings. Specific written plans get patience, because a paying tenant on a schedule is worth more to an owner than a vacancy, a turnover cost, and a court fee. Get any agreement in writing, even if it is only a confirming email, and keep every receipt.

Start looking for help at the same time. Dialing 211 connects you with local emergency assistance programs in most of the country. HUD maintains a state by state directory of rental help resources on hud.gov, and many counties and nonprofits still run smaller funds even though the large federal pandemic programs have ended. These funds often take weeks to process, which is one more reason to apply before you are behind rather than after.

An eviction filing is not an eviction

If a case is ever filed against you, answer it. This is the single most important piece of advice in this article. A large share of eviction judgments happen by default, meaning the tenant never responded and never appeared. When you respond, you preserve every option: dismissal, a payment agreement, more time to move, or an outright win if the filing has errors.

Deadlines in eviction cases are short, often measured in days, so read every court document the day it arrives. Look up whether your city or county has a tenant legal aid or right to counsel program. A growing number of cities now provide free legal representation to lower income tenants in eviction cases, and represented tenants consistently reach better outcomes.

If you settle, get the terms in writing and push for the case to be dismissed, not merely paused. Then ask the court clerk or your attorney whether your state allows eviction records to be sealed or expunged. A filing can appear on tenant screening reports even when you won or paid in full, and the time to address that is now, not when a future application gets denied.

If you receive a housing voucher or live in public housing

Pay attention to every piece of mail from your housing authority this year. Research from New York University, first reported by the Associated Press, estimates that a proposed two-year time limit on federal rental assistance could cost about 1.4 million households their vouchers or public housing subsidies, most of them working families with children. Tenant organizations are contesting the proposed time limits and expanded work requirements, and these remain proposals, not current law. Nothing changes for your household until your housing authority formally notifies you.

Your job in the meantime is to keep your file clean. Complete every recertification on time, report income changes promptly, and keep copies of everything you submit. If rule changes do arrive, households with organized paperwork will have the smoothest path to whatever exemptions or transition periods the final rules include.

Protect your rental record for the next lease

Think one lease ahead. Screening companies collect court filings, and a filing can follow you for years. The Consumer Financial Protection Bureau confirms that tenant screening reports are covered by the Fair Credit Reporting Act, which means you can dispute inaccurate or outdated information and the screening company is required to investigate.

Keep your own ledger of rent payments and save the bank records that prove them. If a dispute with a landlord ends in your favor or in a settlement, keep that paperwork permanently. When you apply for your next rental, a short written explanation supported by documentation beats an unexplained court record every time.

Use a softer rental market to your advantage

If your rent is straining your budget, remember that in many metros the market has shifted toward tenants. The Austin figures above show rents well below their 2021 peak. Before you renew, check what comparable units in your building and neighborhood are asking. If new tenants are being offered lower rates or concessions, ask for the same in exchange for a longer lease. An owner facing rising vacancy would rather keep a proven tenant at a fair rate than gamble on a turnover.

A move to a cheaper unit is also a legitimate financial strategy, not a defeat. If your current rent leaves you one setback away from a missed payment, relocating to something sustainable protects your record, your credit, and your peace of mind.

The bottom line

The filing data from HOME Line, the Eviction Lab, and the Eviction Research Network all points the same direction. The safety net that quietly absorbed rent shortfalls for several years is thinner now, and the cost of waiting has grown. Talk to your landlord early, apply for help before you fall behind, answer any court papers immediately, and document everything. If you are weighing whether to renew, relocate, or restructure your housing costs, our team at Topfind Realty works through exactly these decisions with renters, and the earlier that conversation starts, the more options you have.

Renting

Questions about this topic? A Topfind agent can walk you through it.

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