Seeing an eviction notice on your door could be one of the most intimidating moments in your life especially when you have kids. The good news is that an eviction notice does not mean you are automatically being evicted that day. Your landlord cannot just kick you out of the property. There is an eviction process he/she must follow and very often, you will be given a number of days to pay or vacate the premises. During this period, work your magic and figure things out. This article will walk you through what to do when being evicted with no place to go.
If you are being evicted with no place to go, the first and most important step is to stop the eviction. Talk to your landlord and see what he/she is willing to do. For example, your landlord could accept a portion of the missing rent payments or require that you pay in full in order to stay in the apartment. In case you cannot get your hands on the required amount when being evicted, apply for your local government’s help. Depending on your unique situation, you could qualify for federal government financial support through different organizations. You might also qualify for eviction postponement, legal support, or advice.
Before you pack and leave when facing eviction, consider the alternatives. Should you safely liquidate some of your assets such as cars, expensive watches, designer clothes, etc, to raise the short-term needed rent amount? If so, sell your stuff and raise money to prevent eviction. In case this is not a viable option, don’t just head to the streets. If your financial setbacks are temporary, get a short-term loan or use your emergency fund(if you have any) to cover your rent payments for the time being.
If it comes to a point where you must leave the property, move in with your friends, or relatives, or simply stay in a local government shelter. You can also stay in your car for a short period of time while getting your finances together.
The following are things to do when being evicted with no place to go.
1. Know your rights
Your landlord cannot just kick you out of the apartment unlawfully. He/she must go through the entire eviction process which starts with putting an eviction notice on your door that requires you to pay or leave the promises at a given date. The landlord himself also cannot kick you out. The law enforcement personnel will take care of the process.
As a tenant, you also have rights and support from your local government. In some cases, you might have access to the legal or financial support offered by your local government. Your state could also postpone the eviction under different circumstances. The judge might also let you stay in the apartment for a few more days while you are figuring things out.
2. Stop the eviction and get help
There are many ways you can stop the eviction process. The first and more effective one is to work with your landlord and see what he/she is willing to do. If you fell behind on your rent payments due to a short-term financial setback, the landlord might be willing to work with you and come up with a payment structure that works for both of you. He might accept a partial payment or require that you pay your missed rent payments in full.
In case, you are being evicted without a place to go, you might also need to work with your local governments to see if you qualify for eviction process postponement. For example, during the Covid-19 pandemic, the government postponed the eviction process in communities experiencing high levels of transmission of Covid-19, according to the Federal Register and National Housing Law Project. If your landlord tried to evict you during that time, you could have easily gotten support and protection from the government.
Some states allow evictions to be postponed for a given number of days or months depending on your situation. According to The Consumer Financial Protection Bureau(CFPB), you can apply for your state and local organizations for federal funds to pay for utilities, rent, and related housing expenses. Your state might also delay the eviction process when you are getting help.
If you are getting evicted with nowhere to go, don’t just pack and leave without a fight. No state wants its citizens to be thrown on the street like rats. That is why there is an eviction process all landlords must follow. In addition, the government put support and assistance programs in place to help citizens who meet their qualifications during eviction processes. So, check with your local government and see what programs, rights, and support that you qualify for.
Related: What to do when facing eviction: How to handle eviction notice?
3. Take out a short-term loan
There are times when the only thing between you and eviction is to borrow money. In case you are being evicted with no place to do, it might be financially sound to get a short-term loan. The fastest way to get your hands on a quick loan is to borrow money from your friends and family members. These people know you well and they don’t want to see you on the streets. As long as you are trying to get your finances in order, some of your family members or friends might be willing to give you money.
Being evicted without a place to go does not mean you are the only one who will lose. For example, you might end up losing your job in the process. That is why your employer might also be willing to let you borrow against your salary. You can also apply for payday loans.
The other option is to apply for 401(k) loans against your retirement savings. Loans against your retirement accounts are easy to qualify for and do not come with strict rules. Again, you need to look into possible ways to secure a quick-term loan. The loan will cover your rent while you are figuring out your next move.
4. Move in with your friends and family members
If you are being evicted with no place to go, do not head down the streets. There are still people who care about you. They might not give you money to cover your rent, but they will let you stay with them for a couple of months and help you get back on your feet. This will also be a good opportunity to start saving money and get your finances together.
5. Sell your stuff
Financial setbacks come in many forms and sizes. In case you are having trouble meeting your short-term financial obligations such as paying your rent, find answers from what you own. There are some valuable assets you currently own that can be liquidated to cover your rent.
Being evicted with no place to go means that you must do whatever you can to stay in the apartment. If you cannot get a short-term loan, or secure money from your friends and family, it might be a good time to start selling your stuff and other assets you have.
For example, if you own multiple cars, you might need to sell one car and use the proceeds to cover your rent. You cannot let your kids live on the streets while holding onto your two or three cars. If it is safe to do so, you can downsize to one car or use public transportation to cover your commute.
Do you have expensive electronics, furniture, clothes, etc? You can sell these items and raise the rent needed before you are evicted. If you can show your landlord that you are trying to get back on your feet, the landlord might agree to dismiss the eviction process.
6. Live in your car if you are being evicted with no place to go
Living in your car might not be a present experience but it will for sure be better than living on the streets. There are many people who are currently living in their cars due to different financial setbacks. In case you are being evicted with no place to go, consider your car as a temporary shelter.
Since you will not have a home, living in your car means that you might need a place you can safely park during the night. There are stores that let you park and sleep in their parking lots during the night. You will need to do your own research to find a place that works for you. You can also find safe public places in your city that allow you to park and sleep in your car without interruptions.
7. Use your emergency fund to cover your rent
Your emergency fund is designed to cover you during emergencies. In case you are being evicted with no place to go, consider using your emergency fund to cover your rent payments. For example, if you recently lost a job and fell behind on your rent payments, you can use savings in your emergency account to pay for rent.
After getting a job, your can rebuild your emergency fund.
Should you become homeless while having money sitting in your savings account? That would not be a good financial decision. Getting kicked out of your rental place through the eviction process is a real emergency. Use the money you saved to cover your greatest needs and rebuild your account later.
8. Stay at a local shelter
Before you officially start living on the streets, stay with a local shelter after being evicted. Having no place to go when being evicted does not mean you will go directly on the streets. Many cities and local governments have places where you can stay temporarily while figuring out what do to.
Keep in mind that the shelter might not be present or have all the resources you need. You might not even have access to things you are used to. But, it might help you recover from the eviction and get back on your feet.
Main causes of eviction
Although there are a lot of reasons a landlord might initiate the eviction process, the main reasons for evictions are late rent payments or no paying at all. The following are some of the causes of evictions.
- Not paying rent. Late payments or not paying your rent at all will lead to an eviction.
- Violation of lease terms. Lease terms show what each party is responsible for. For example, if the lease states that you are responsible for snow removal and mowing the yard, your landlord might terminate the lease and evict you if you do not comply with this rule. You might also be evicted in you violate the no smoking or no pet policies. In case you have more people living in the rental home than what the lease allows, the landlord could choose to evict you. Damaging the property or violating the housing codes can also get you kicked out.
- Not renewing your lease on time. Some landlords automatically turn your lease into a month-to-month lease when you do not renew your lease on time. Others might evict you when you fail to renew your lease on time.
- Illegal activities. Any activities you conduct that are not supported by law can get you evicted. Some of the illegal activities you should never get involved in include but are not limited to human trafficking, prostitution, violence, theft, assault, possession of an illegal firearm, and any activities that involve illegal substances, etc.
- Other activities that are not supported by the lease.
If I pay my rent can I still be evicted?
The reason you are being evicted is probably due to not paying your rent on time or paying at all. You could also be evicted due to violation of other lease terms. If you are being evicted with no place to go and manage to find the required amount during the pay-or-quit time, the eviction process will be dismissed, according to Doorloop.
By accepting the lease, the landlord is voluntarily waiving the rights to continue with the initial eviction process. According to Rent Prep, If the landlord also accepts the rent payment after the eviction lawsuit has been filed, the court will dismiss the suit. That is the eviction cannot proceed as initially filed because some rent payments have been accepted by the landlord. In this case, the landlord must start over with the eviction process if he/she still wants to evict you.
If the Eviction Action is in motion only because you have not paid your rent and you lose the case, you might still pay and stay. Your state might have a different rule regarding this scenario. In the state of MN, for example, in order to pay and stay, you must pay the past due rent, interest if applicable, attorney fees, and any cost of action and other fees.
How far your eviction process goes will also depend on the reason you are being evicted in the first place. For example, if you fell behind on your rent payment and are involved in illegal activities, you might still be evicted even in you pay your rent in full. Regardless of how much you are paying, no landlord will keep you around when you are not lawfully staying on the premises.
Can you be evicted for not paying rent on time?
The eviction process is not something landlord approach with open arms. Eviction records also do not look good on the tenants renting history. In other words, the eviction negatively affects the tenant’s ability to find another apartment in the future. Since the eviction process affects both tenants and landlords, most landlords apply fees and charges for late rent payments for up to a given number of days.
For example, if your rent was due on the 2nd date of the month and you did not pay it by the due date, your landlord could charge you a $45 late fee when you pay the next day and $5 per day or 30 days. If the rent is not received together with all accumulated late fees, the landlord can send you the pay-or-leave notice.
Keep in mind that your lender might also initiate an eviction action after the rent was not paid by the due. It will all depend on the structure of the lease. Having an eviction notice also does not mean you are being evicted the same day. You still have a lot of chances and options to turn things around before you can officially be evicted.
According to Housing Link, you might still revert the eviction process through the redeeming tenancy process. During this process, the lease might require that you pay all past due rent, charges, and fees, plus possible court filing fees.
Most states require that a landlord gives you a few days to pay or vacate the premises. According to Doorloop, the landlord must give you a 14 days Notice to Quit in the state of Minnesota. If you manage to find the required rent and all late fees and charges during this time period, the eviction process will stop. You can also avoid eviction by moving out of the property before the 14 days elapses.
Can you be evicted for not signing a new lease?
A lease is a legal document that binds a tenant and the landlord. Under the lease terms, a tenant gets to stay in the property until the lease ends. Many landlords require that you give them a 60 days notice if you are planning to vacate the property. Shorter notices might be acceptable. But, most lenders will charge you a fee for giving them short notice to vacate. You might also receive a notification letter from your landlord asking whether you are planning to renew the lease or vacate the property. The letter will have instructions on what to do in any of the two cases. Usually, these notices come during the last one or two months of your lease term.
As a tenant, you should communicate with your landlord whether you are planning to leave or renew the lease. If you do not renew your lease on time, your lease will more likely move to a month-to-month lease. This means that you are required to pay the required rent each month. Failure to do so could lead to the initiation of the eviction process.
According to Rocket Lawyer, your landlord may request that you sign a new lease or move out in case you don’t want to sign a new lease. If you don’t move out and do not renew the lease, the landlord can send you an eviction notice and start the eviction process.
The rules are different from one state to another. Also, leases differ from one landlord to another. So, make sure that you understand the terms of the lease, the legal and financial support you have from your state, and how to properly navigate through the eviction process
What is a good reason to be late on rent?
Although you should always try to pay your rent on time, financial setbacks can come from nowhere and affect your ability to pay your bills on time. It could also be a life event that dramatically turns your life upside down. The following are some of the reasons people fall behind on their rent payments.
- School-related expenses for kids
- Death related tragedies
- Loss of a job
- Having other financial obligations such as too many debts
- Divorce
when can a landlord evict you?
Your landlord can evict you when you have not paid your rent on time. For example, if your rent was due on the 3rd of the month and you did not pay it on time, he/she can send you an eviction notice. You can also be evicted due to the violation of other terms of the lease such as drug-related activities, human trafficking, being a bad neighbor, not renewing your lease, etc. Always know the terms of your lease. Different states also have different rules when it comes to eviction. So, know your rights and ask for support and guidance from your state or local city.
Where to get help when being evicted?
When you are being evicted with nowhere to do, you might find yourself confused and forgotten. The good news is that there are a ton of organizations and support from people around you who are willing to help and make sure that you stay in your home.
The first place to start when being evicted without a place to go is to contact your city or state. Most states offer direct support both legal and financial to help people who are being evicted. For example, the state of Minnesota has a program to help low-income families where you can apply for Emergency Assistance to help you cover your household emergencies.
Your state could also give you other financial and legal support. For example, if your landlord is trying to kick you out for violating the terms of the lease, you can get legal support from your state. By default, a landlord cannot kick you out without going through court. According to the Office of the Minnesota Attorney General, the landlord must follow the following steps when evicting a tenant.
- File a complaint against you(tenant) in a district court and have someone give you the summons at least 7 days before the court hearings.
- A court hearing must take place between 7-14 days after the summons was issued.
- After, the judge will make a decision.
You can easily see that the process of evicting a tenant is not simple and straightforward. There are a lot of steps to follow and one can easily mess up. In case your landlord is not following the terms of the lease or harassing you after the judge has decided that you stay; your local state can assist you with the matter.
