Rental Assistance Approved but Eviction Case Already Filed: How to Stop the Clock in Court

You Got the Approval — But the Eviction Notice Is Still Coming

If you have a rental assistance approved eviction case already filed court situation on your hands, you are not alone — and you are not out of options. Thousands of renters, including many Americans 55 and older, find themselves caught in a frustrating gap: the Emergency Rental Assistance (ERA) program has approved their application, but their landlord has already started the eviction process. The good news is that an approved ERA application can be a powerful tool to pause or even dismiss an active eviction case — if you know how to use it.

Understanding the Overlap: ERA Approvals and Active Eviction Cases

Emergency Rental Assistance programs were designed to help renters who fell behind on rent and utilities get back on their feet. In many programs, funds are paid directly to the landlord, which is exactly what courts and judges want to see. But the timing can be tricky. Landlords are not always required to wait for a rental assistance decision before filing for eviction, and some do not.

When this happens, you may be facing a court date even though your arrears are being paid through an approved program. The legal system does allow for flexibility in these cases — but only if you take action quickly and come prepared.

Step 1: Gather Your ERA Documentation Before Your Court Date

The single most important thing you can do before your eviction hearing is gather every piece of documentation related to your ERA application. This includes:

• Your approval letter or confirmation email from the ERA program
• The name and contact information of your ERA caseworker or program coordinator
• A payment timeline or disbursement schedule, if the program has provided one
• Any correspondence between the program and your landlord
• Your eviction notice and court summons

Bring multiple printed copies of everything to court. Judges cannot act on information they cannot see, and a clear paper trail shows you are acting in good faith to resolve the debt.

Step 2: Request a Continuance — and Know Why It Matters

A continuance is a request to postpone your court date to allow more time for a situation to resolve. In eviction cases where rental assistance has been approved but the eviction case is already filed, judges frequently grant continuances once they see documentation showing that payment is on the way.

Here is how to request one:

• Arrive early to court and let the court clerk know you have an active ERA approval and want to request a continuance
• When your case is called, address the judge calmly and respectfully
• Explain that you have an approved rental assistance application that will cover the amount owed
• Present your documentation and ask the judge for additional time to allow the funds to be disbursed

You do not need to be a lawyer to do this. Courts that handle eviction cases deal with ERA situations regularly, and many judges are familiar with the process. Being polite, organized, and honest goes a long way.

What to Say to the Judge

Keep it simple and factual. Something like:

Your Honor, I have an approved Emergency Rental Assistance application that will cover the full amount owed to my landlord. The funds are being processed and will be paid directly to the landlord. I am asking for a short continuance to allow time for disbursement.

Then hand the clerk your documentation to present to the judge.

Step 3: Contact Legal Aid Before Your Hearing

If you are 55 or older and facing eviction, free legal help may be available to you. Legal aid organizations across the country provide free or low-cost representation to low-income tenants, and many specifically assist older adults.

A legal aid attorney can:

• Help you file a formal motion to continue or dismiss the eviction case
• Communicate directly with your landlord or their attorney
• Contact the ERA program on your behalf to speed up disbursement
• Ensure your rights as a tenant are protected throughout the process

Do not wait until the day before your hearing to reach out. Call as soon as you know you have a court date. Many legal aid offices can provide same-day or next-day consultations for active eviction cases.

Step 4: Notify Your ERA Program About the Active Eviction

Your ERA caseworker needs to know that an eviction case has been filed. This is critical for two reasons. First, it may allow the program to prioritize or expedite your payment. Second, some programs have direct relationships with local courts and can submit documentation or verification on your behalf.

Call or email your ERA caseworker immediately and let them know:

• The date and time of your eviction hearing
• The court where the case is being heard
• Whether your landlord has agreed to accept the ERA payment

If your landlord is refusing to accept the ERA funds, that is a separate but important issue. In some states and localities, landlords who refuse rental assistance can face consequences, and a legal aid attorney can advise you on your rights in that situation.

Can an ERA Approval Actually Dismiss the Case?

In some cases, yes. If the full amount owed is paid — or if the landlord receives a guaranteed payment commitment from the ERA program — they may choose to withdraw the eviction filing voluntarily. Courts can also dismiss cases when the underlying debt has been resolved. This is why getting your documentation in front of the judge quickly, and coordinating between your ERA program and your landlord, is so important.

Outcomes vary by state, county, and individual judge, but a rental assistance approved eviction case already filed in court is a situation that has been resolved in tenants favor many times across the country.

Take the Next Step Today

If you are facing eviction while waiting on rental assistance, do not wait to act. The sooner you gather your documentation, contact legal aid, and notify your ERA caseworker, the better your chances of stopping the eviction clock.

• Visit 211.org or call 211 to find local rental assistance programs and legal aid resources in your area
• Search for your local ERA program through your city or county housing authority website
• Contact the Legal Services Corporation at lsc.gov to find free legal help near you

You worked to get that ERA approval. Now use it to protect your home.