Facing an eviction is probably one of the most intimidating moments as a tenant. It is more painful to be evicted when you have young kids or people who depend on you on a daily basis. If you see that eviction notice on your door, don’t just ignore it or panic. Instead, take action as fast as possible. You still have chances to turn the situation around and resolve the issue before things get out of hand.
The first and most important step to take when facing eviction is to talk to your landlord. Your landlord might be understanding and willing to work with you. Your state or local city might also have resources to help you with legal and financial support. In case an eviction lawsuit is already in motion, you might need to find a lawyer and appear in court.
This article will walk through what do to when facing eviction and how to properly get out of it.
1. See what the landlord is willing to do
Eviction is costly for both the tenant and landlords. As a tenant, being evicted means you might end up on the streets and will not easily find another place to rent. Landlords consider an eviction as one of the biggest redlines when screening tenants.
On the landlord’s side, evicting a tenant comes at a huge cost. Not only that they have to go through filing lawsuits against you, but it might also take some time to finalize the eviction process and finally kick you out. So, no landlord wants to go through the eviction process given the alternatives. In addition, a landlord cannot show up and throw you out of the property without legal documentation and following proper eviction procedures.
This is why most landlords are usually willing to work out a solution with you to avoid an eviction. So, when you are falling behind on your rent payments and see an eviction notice on your door, you need to contact your landlord as soon as you can. Getting the conversation started might be the hardest part. But it will be worth it. Talk to the landlord and see what he/she wants. Usually, you can work out a payment plan and catch up on your payments. When facing an eviction, you will be given a number of days to pay your bills or vacate the property. This will be your chance to work out something before things get out of hand.
2. Know your rights
Just because you are facing an eviction, it does not mean your rights are also in jeopardy. You are still protected by the law and the more you know about tenants’ laws the better. Each state has information that helps tenants who cannot afford lawyers. Some states offer proper guidance for tenants looking for help.
So, if you have received an eviction notice or facing an eviction lawsuit, your state could be your savior. According to the Consumer Financial Protection Bureau(CFPB), you might be eligible for state or local organization funds from the federal government to help you cover your utilities, rent, and related housing expenses. Your state could also have rules that delay your eviction when you are looking for help. Check with your state and see what protections you have and follow its guideline regarding your eviction process. For example, while your application for federal emergency rental assistance is being processed, you might have temporary protection from eviction.
3. Workout a payment plan with the landlord
As I stated early, no landlord wants to evict you unless you are a really bad tenant. Financial hardships happen and landlords are well aware of these situations. Your landlord also does not want you to live on the streets. That is bad for business. For this reason, the landlord could work out a payment plan with you if you are sincere and trustworthy. Some lenders even pay tenants to leave the property to avoid the eviction process.
So, before you pack your belongings and go straight to live on the streets, ask your landlord if there is a way you can come up with a payment plan that helps both of you. The landlord might not accept the request but it might not hurt to ask. As a person facing an eviction, you have nothing else to lose. So, get the conversation started.
4. Get help from a lawyer if a lawsuit is already filed
Facing an eviction can be intimidating to many tenants. Getting sued, however, does not mean you are done. You still have a chance to have your voice heard and a legal professional can help you. This is when you get a lawyer and rely on his/her guidance. Yes, legal issues are complicated and hard to understand. But a good lawyer can save you some headaches.
5. Prepare your case and don’t miss the date
After getting sued by your landlord, the court will send you a court summons. Summons are documents put together by the plaintiff and issued by a court that inform you that you must appear in court due to a lawsuit against you. The summons will show the date and time you must appear in court. So, make sure that you attend the court and have reasons explaining why you have decided to not pay your rent or follow your lease terms.
For example, if you fell behind on your rent payments due to financial hardship, this will be the time to clarify the issue matters. In case you land a job before the court, you might prevent eviction by paying the amount you own plus the damages.
It is also important that you educate yourself about the nature of your case. The court could also have a mediator or a housing counselor work with you. The more you know about what you are dealing with and the resources available at your disposal, the better.
6. Follow the ruling of the court
After the court hearing, the court might rule in your favor. For example, the court could rule in your favor if you provide strong evidence that you are going to meet all required rent payments including the past-due amount. In this case, make sure that you follow the court ruling by the book. You might find it difficult to win next time if you violate decisions from the court.
There are chances that the court will rule in favor of the landlord. In this case, you will be given a number of days to pack your stuff and leave the premises. This will be a sad moment but life goes on.
If I pay my rent can I still be evicted?
There are times when you might find extra cash or full rent and pay it while being evicted. The question is will you still be evicted after paying your rent? According to Rent Prep, if the landlord accepts the full or partial rent payment during a pay-or-quit timeline, the landlord will be waiving their rights to evict you. In other words, the landlord might still evict you but the original eviction notice will no longer be valid. Instead, the landlord must file another eviction notice. Since the sole purpose of being a landlord is to collect rent, your landlord might dismiss the eviction process if you are willing to pay late rent and charges. It will all depend on how far your landlord is willing to do go and what the law permits.
In case, the eviction papers have been filed in court and the landlord accepts a full or a portion of your rent payment; the court will dismiss the original eviction case and the whole process will reset. This is because the eviction case cannot continue in court as originally filed. If the landlord still wants to evict you, he/she would have to start the process again with a new eviction notice(pay-or-quit notice).
Since taking any rent payment from a tenant during the eviction process might lead to the dismissal of the original eviction case; some landlords choose not to accept any payment at all. For example, if the landlord has decided to kick you out no matter the cost, he/she might refuse any rent payment to avoid waiving his/her rights. Some states might allow landlords, especially commercial property owners to take rent payments without waiving their rights during the eviction process.
How to avoid facing eviction?
Facing an eviction is a strong indication that you are in a serious financial situation. That is you can no longer afford to make your rent payments or have fallen behind to a level where the landlord has decided to kick you out.
Although you cannot predict the future, there are a number of things you can do to avoid evictions in the future.
Tips you can use to minimize the risks of eviction.
- Build an emergency fund. Since you cannot know what your finances will look like tomorrow, it is important that you build an emergency fund to cover your expenses after losing your job. A good emergency fund should cover 3 to 6 months of all your expenses. Even if you get laid off, you will still afford to pay your rent for six months without facing an eviction notice.
- Live in a house/apartment you can afford. Desire is man’s greatest weakness. Most of us desire to live in expensive houses and apartments. What we do not understand is that the better and high-end living conditions we desire the more it costs us. Paying more on your living expenses automatically puts a lot of stress on your income. As a rule of thumb, you should not spend more than 20% of your gross income on rent. Some experts suggest no more than 30% of your gross income. But that is already too much given the fact that you have other expenses. Plus you need to save money for other financial goals such as investments or retirement.
- Pay your bills on time. This might sound silly but it is true. Yes, you are falling behind on your payments because you lost your job. But, there are people who face eviction even if they have their jobs. So, what do they do with their money? Well, they spend every penny they make and forget about rent. If you have a job, you should not be facing an eviction. Paying your bills should be the top of your priorities. For every month, make your rent payment before you go shopping. This strategy will help you immensely.
- Plan ahead. At any moment in life, you should know where you stand financially. That is you need to have a budget and be able to save extra cash besides your emergency fund. Never spend more than you make. That is the rule. For example, you can have investments such as stocks that can easily be liquidated to generate cash. It is like having an extra cushion to fall on. You can also know if your boss plans to lay off employees. In this case, you can pick up a side gig before it is too late. The faster you know what is affecting your finances and act on it, the better off you will be.
Does an eviction affect my credit score?
If you have an eviction notice, it will not show on your credit reports, according to Equifax. Without being reported on your credit reports, the eviction will not affect your credit score. However, if you owe the landlord money and he/she ends up selling that amount to a debt collection agency, the collection will appear on your credit reports. Having a collection on your reports will negatively affect your credit score. In addition, legitimate collections records stay on your credit reports for 7 years.
Even if an eviction itself will not show on your credit reports, it will be a part of your rental history for 7 years. That is why landlords use screening companies to access the rental history of prospective tenants. Having an eviction on your records will directly affect your rental approval rates. Some landlords, however, might still approve your application if it has been a while since the eviction and you have been a loyal tenant ever since.
The bottom line
Although it is difficult to face an eviction especially when you have young children, it is not the end of your world. The first step you need to take is to talk to your landlord and try to come up with a payment plan that works for both of you. You also need to contact your local government and take advantage of the tenant support and protections you have. In case an eviction lawsuit has been filed against you, you might need to get support from a lawyer and appear in court on the date and time scheduled by the court. Whatever the outcome from the court will be, you should be able to move on and thrive. Life goes on.
