Eviction Information
Unlike foreclosures, which can take several months, evictions can happen within a few short days once the process begins, meaning you need eviction information, fast. If you are facing eviction, it is wise to begin searching for a new place to live ASAP. The second thought on your mind should be how you will afford the new security deposit (your previous deposit will likely be surrendered to the landlord). If you are being evicted and must find a new place to live, speak with your friends or family about co-signing a new lease or possibly loaning you some money until your situation improves.
Eviction information and process. Firstly, you will receive a notice to pay or vacate, or just a notice to vacate. Obviously, the former gives you the option of paying and staying, while the second just tells you to leave. The notice will include the date you must pay your past-due rent as well as the day you must be out of the property if you don't.
If you cannot make the payment as a lump sum, try to negotiate with your landlord and see if they will accept the past-due payments in a series of installments. After eviction, the landlord has the right to turn the debt over to a debt collector and/or sue you for the amount. It's best to proactively negotiate with them, rather than face these outcomes!
If the landlord asks for a figure you believe to be incorrect, you can dispute it. Write your landlord a letter and include any copies of payments made to help strengthen your case. Be sure to send it via certified mail, to ensure the landlord did receive your dispute.
At this point, the landlord files a complaint to small claims court. This is a brief explanation to the court as to why you should be evicted. The court will send you a summons, which is the official notice that eviction has begun.
You can dispute the notice and ask the court for more time by filing an answer to the summons. Your second option is to strike a deal with the landlord, who may delay the eviction if you pay a lump sum by an agreed upon date. Don't expect much at this point; most landlords are ready to move on once they've filed the eviction notice.
If you don't show up on the court date, the judge usually sides with the landlord, who now has the legal right to evict you on the date described in the notice, usually only a few days later. If you remain in the apartment, a local sheriff will show up and physically remove you and your belongings, and you face jail time if you attempt to reenter the property.
Remember, you are still responsible for past-due rent after eviction. The landlord will either attempt to collect themselves, or hand over the amount to a debt collector.
The key lesson here is that once an eviction notice happens, you must act quickly. Contact a landlord-tenant attorney to help with your case, search for a new apartment and speak with loved ones about offering you a loan or co-sign for your new place. It's best to stay on good terms with the landlord, as they may be open to flexible payments. For more eviction information, read stop eviction or Homes and Communities The U.S. Department of Housing and Urban Development.
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