Seeing an eviction notice on your doorstep 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 the landlord must follow, and very often, you will be given several 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 nowhere to go, the first and most important step is to stop the eviction. While there are many ways to stop the eviction, the most effective strategy is to 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 to stay in the apartment. If you cannot get your hands on the amount the landlord requires to avoid eviction, apply for your local government’s help. You could qualify for federal government financial support through different organizations depending on your unique situation. You might also be eligible 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 rent needed in the short term? If so, sell your stuff and raise money to prevent eviction. 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.
You can move in with your friends or relatives or simply stay in a local government shelter if you must vacate the property. You can also stay in your car for a short period of time while you get your finances together.
The following are things to do when you are being evicted with nowhere 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 by a given date. The landlord himself 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 your local government offers. 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 most effective tip to avoid an eviction is to work with your landlord. If you fall behind on your rent payments due to a short-term financial setback, the landlord might be willing to work with you and develop 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.
If 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 postponement in the eviction process. 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 several 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 you qualify for.
Related: What to do when facing eviction: How to handle eviction notice?
3. Take out a short-term loan
Sometimes, the only thing between you and eviction is to borrow money. Getting a short-term loan might be financially sound if you are being evicted with no place to live. The fastest way to get a quick loan is to borrow money from friends and family. These people know you well and don’t want to see you on the streets. If 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 take out a 401(k) loan, which allows you to borrow against your retirement savings. Loans against your retirement accounts are easy to qualify for and do not have strict rules. Again, you must look into possible ways to secure a quick-term loan. The loan will cover your rent while you figure out your next move.
4. Move in with your friends and family members
If you are being evicted with nowhere 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 few months and help you get back on your feet. This will also be an excellent opportunity to save money and get your finances together.
5. Sell your stuff
Financial setbacks come in many forms and sizes. If you have trouble meeting your short-term financial obligations, such as paying rent, raise money from what you own. There are some valuable assets you currently own that can be liquidated to cover your rent.
Being evicted with nowhere to go means 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, 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 certainly be better than living on the streets. Many people are currently living in their vehicles due to different financial setbacks. If you are being evicted without a place to go, consider your car a temporary shelter.
Since you will not have a home, living in your car means you might need a place to park during the night safely. Some stores let you park and sleep in their parking lots at night. You will need to do some research to find a place that works for you. You can also find safe public areas 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. If you are being evicted with nowhere 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, you can rebuild your emergency fund.
Should you become homeless while having money sitting in your savings account? That would not be an excellent financial decision. Getting kicked out of your rental place through eviction is a real emergency. Use the money you save to cover your current financial needs and rebuild your account later.
8. Stay at a local shelter
Before 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 to stay temporarily while figuring out what to do.
Remember 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 will help you recover from the eviction and get back on your feet.
Main causes of eviction
Although a landlord might initiate the eviction process for many reasons, the main reasons for evictions are late rent payments or nonpayment. The following are some of the causes of evictions.
- Not paying rent. Late payments or not paying your rent 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 if you violate the no smoking or no pet policies. If more people live in the rental home than 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 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?
You are probably being evicted for not paying your rent on time or violating other lease terms. According to Doorloop, the eviction process will be dismissed if you are being evicted with no place to go and cannot find the required amount during the pay-or-quit time.
By accepting the lease, the landlord voluntarily waives the right to continue with the initial eviction process. According to Rent Prep, the court will dismiss the suit if the landlord accepts the rent payment after the eviction lawsuit has been filed. The eviction cannot proceed as initially filed because the landlord has accepted some rent payments. 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 lost 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, 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 fall behind on your rent payment and are involved in illegal activities, you might still be evicted even if you pay your rent in full. Regardless of how much you pay, 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?
Landlords do not approach the eviction process with open arms. Eviction records also do not look good on tenants’ renting histories. 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 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. The landlord can send you the pay-or-leave notice if the rent is not received, along with all accumulated late fees.
Remember that your lender might also initiate an eviction action after the rent is not paid by the due date. 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 many 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 you to pay all past-due rent, charges, and possible court filing fees.
Most states require that a landlord give you a few days to pay or vacate the premises. According to Doorloop, the landlord must give you a 14-day Notice to Quit in Minnesota. The eviction process will stop if you find the required rent and all late fees during this period. You can also avoid eviction by moving out of the property before the 14 days elapse.
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 you to give them a 60-day notice if you plan 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 plan to renew or vacate the property. The letter will instruct what to do in 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 plan 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 you sign a new lease or move out if you don’t want to. 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, ensure you understand the lease terms, the legal and financial support you have from your state, and how to navigate the eviction process properly.
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 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 your state or local city for support and guidance.
Where to get help when being evicted?
When you are being evicted and have nowhere to go, you might find yourself confused and forgotten. The good news is that many organizations and support from people around you are willing to help and ensure you stay home.
When being evicted without a place to go, the first place to start 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, 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 lease terms, 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.
The process of evicting a tenant is not simple. There are many steps to follow, and one can easily make a mistake. If your landlord is not following the lease terms or harassing you after the judge has decided that you stay, your local state can assist you.
