You or somebody you know might have received an eviction notice recently. Don’t panic! In light of COVID-19, there is an extended eviction moratorium for renters living in certain areas. In addition, there are many reasons for receiving an eviction notice, and not all of them require you to move out.
Here’s what you need to know about the eviction process and what to do if you received an eviction notice.
Know your renters’ rights
Before you jump to any conclusions, remember that you do have a wealth of renters’ rights. For example, you have the right to privacy and the right to live in a habitable unit, which includes access to hot water, electricity, and heat during cold months. If you pay your rent on time and abide by all terms of your lease, you can limit your landlord’s ability to evict you and maintain every last one of your renter’s rights.
What are the reasons you can be evicted?
Generally speaking, your landlord cannot evict you simply because they want to, they need to have something called “just cause for eviction”. Just cause for eviction can come in a few forms, including some of the following:
- Failure to pay rent
- Bounced rent checks
- Habitually late rent payments
- Broken terms of the lease (having a pet without approval, subletting a room, etc.)
If none of these apply to you, your landlord might have illegally given you an eviction notice.
What are the different types of eviction?
The first step of the eviction process is receiving the proper paperwork: notice of termination for cause. There are three different types of eviction notices, and some of them don’t require you to move out immediately or even at all.
- Pay Rent or Quit: You’ll receive this if you’ve failed to pay the monthly rent on time. You’re usually allowed 3-5 days to pay the amount of rent you owe or move out (“quit”). Pay your owed rent and you’ll be allowed to stay in your rental.
- Cure or Quit: When you’ve violated part of the lease, like having a pet in your apartment when the lease specifically contains a no-pet clause, you will receive this type of eviction notice. You’ll usually have a set period of time to fix (“cure”) the problem or move out. Fix the issue and you’re legally allowed to stay.
- Unconditional Quit: Unfortunately, there’s nothing you can fix and no amount you can pay to remain in your home or apartment. This is perhaps the harshest form of an eviction and requires an immediate move-out. Unconditional quit eviction notices are only used in extreme cases, though, like criminal activity or failing to pay rent for several months at a time.
What is a notice to vacate?
There’s also another type of eviction notice you might receive called a “notice to vacate”. You can only receive a notice to vacate if you did not sign a fixed-term lease. In most cases, you will not have to worry about this, but if you moved in without signing a lease or are on a month-to-month lease, here are the two types you can receive. Unfortunately, if you find yourself with a notice to vacate, you must move out.
- 30-Day Notice to Vacate: At any point while living in your apartment, your landlord can serve you a 30-Day Notice to Vacate and you’ll have to move out within 30 days.
- 60-Day Notice to Vacate: Similarly, your landlord can also serve you a 60-Day Notice to Vacate and you’ll have to move out within 60 days.
What is a no-fault eviction?
There are a number of “no-fault” causes (or reasons for eviction that are not your fault) that a landlord can cite when evicting you, and they vary by state. With no-fault evictions, you don’t have to move out until your lease officially ends. In this case, your landlord will give you notice a few months before your lease ends so you’re aware of your timeline. Some common no-fault causes are:
- Sale of the unit and conversion of the rental into a condo
- Move-in of landlord or close relative (you may have rights to relocation payments in this case)
- Rehabilitation of a unit that is uninhabitable
Eviction process: What happens after you receive the notice?
If you ignore the notice—you don’t pay rent, fix the problem your landlord has cited, or move out by the date stated on your eviction notice—your landlord can take the next step in the eviction process by filing the eviction in court.
If you have reason to believe that this is an illegal eviction, you can still defend yourself by gathering documentation proving your landlord has not kept the apartment in livable condition (ie. mold on the walls, failure to fix locks, etc.) or prove that they did not provide the necessary paperwork throughout the eviction process.
Ultimately, if your landlord wins the case in court against you, you’ll be required to move out. Still, there’s a proper way it must be done. A local authority (police officer or sheriff) will come by your residence and give you notice that they’ll be back in a few days. You’ll be expected to move your belongings (and yourself) out by the time they return.
It’s important to know your rights when it comes to the eviction process. If you feel you need it, you can always seek help from a local housing rights organization or hire an attorney to help you through the process.
Do you still have to pay rent after you’ve been evicted?
Some landlords may seek backpay after you’ve been evicted, however, the rules on what a landlord can and cannot do vary by state. You should check with your local laws to ensure any request for payment you receive is legal in your state.
What happens to your credit after you’ve been evicted?
If your landlord had sent outstanding rent bills to a collector, your credit could be affected, so be sure to check your credit score. It might seem daunting to try find a new apartment to rent after you’ve been evicted, but there are steps you can take to try to remove the eviction from your record and secure a new lease.
Before you restart your search for a new apartment, make sure you know what you’re up against and take appropriate measures to stay in your unit, if possible.
Images via istock.com/tommaso79, istock.com/Elisank79
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