ABA Ten Guidelines for Residential Eviction Laws

The American Bar Association adopted the ABA Ten Guidelines for Residential Eviction Laws in February 2022. The American Bar Association urges all federal, state, local, territorial, and tribal legislative, and other governmental bodies to implement the ABA Ten Guidelines for Residential Eviction Laws.

Download the Guidelines HERE.

Guideline 1:

Tenants should receive reasonable notice and an opportunity to cure before facing eviction for a lease violation. 

Guideline 2:

An eviction court should have emergency procedures for tenants who are locked out or otherwise extrajudicially evicted from their homes.

Guideline 3:

No tenant should be evicted without a meaningful opportunity to present proofs and arguments in a hearing and before a trained judicial officer that has the authority to consider any legal or equitable defense. 

Guideline 4:

A tenant should have an adequate opportunity to prepare for an eviction hearing, including by conducting civil discovery.

Guideline 5:

Courts should require landlords and tenants to participate in pre-litigation diversion programs focused on maintaining housing stability.

Guideline 6:

No tenant should face eviction without access to full, quality representation by an attorney.

Guideline 7:

A tenant facing eviction for nonpayment of rent should have the right to redeem the tenancy by paying off a judgment at any time before an eviction judgment.

Guideline 8:

A tenant should have the right to appeal an eviction judgment and without unreasonable bond requirements.

Guideline 9:

Lease termination, including non-renewal, should be limited to circumstances where good cause exists.

Guideline 10:

A court that hears eviction cases should automatically seal the names of defendants before a final judgment and in dismissed cases, and courts should have practical procedures for sealing or otherwise protecting the privacy of defendants where other good cause exists.