Most renters realize that you can be evicted if you don’t pay your rent. But that’s only the beginning. For example, many renters aren’t aware of the other possible grounds for eviction, or don’t understand how the eviction laws works if they haven’t paid the rent. Though the details vary a bit from state to state, here’s an overview of the key things you need to know.
Non-Payment of Rent Isn’t the Only Reason for Eviction
When most people hear eviction, they think about people getting kicked out of rental property because they didn’t pay the rent. That’s certainly the most common reason for eviction, but it’s definitely not the only one. Generally, a renter may be evicted for any significant breach of the terms of the lease. That may mean damage to the property, noise or cleanliness issues or other actions prohibited by your rental agreement. Make sure you know what it says!
Also, be aware that most of the legal information you’ll find around the Internet and in brochures and such addresses eviction for non-payment of rent. If you’re facing eviction for a different type of breach of your lease, the procedures and time frames may differ.
Once the Eviction Process Starts, Your Landlord May Not Accept Partial Payment
If you’re having trouble paying your rent on time, talk to your landlord or property manager as soon as possible. It is generally much more difficult to negotiate after you’ve received an eviction notice, and the time frame to cure your delinquency by bringing the rent current is quite short. This varies from state to state, but is typically between three and ten days. Once that window closes, the eviction may go forward even if you’ve caught up on the rent.
Show Up in Court
In most states, your landlord must provide you with that notice and short period in which you can pay the past-due rent before taking legal action. Once that window passes, you may receive a notice to appear in court. Many people facing eviction don’t appear in court, but this is a big mistake. If you’re not there, the court will usually grant whatever the landlord is asking for.
If you have any legal defenses, you will waive them by failing to appear in court, which means that you probably won’t ever get to address those issues. The court will typically order you to pay the past-due rent, possibly your landlord’s expenses for coming to court, and to move out by a specific date. If you’re not there, that date may be just around the corner. Even if you’re not able to pay the past-due rent in full, many courts will allow you a reasonable time in which to find another place to live and make moving arrangements—but only if you show up and ask for it.
Free or Inexpensive Help May be Available
If you do think you have a defense to the eviction, free help may be available to you. Check with your local Legal Aid office to find out whether they handle eviction cases, and look online for a Tenants Rights organization in your area.
Have any other questions on eviction laws? Leave them in the comments below, or find more information on common landlord and lease issues here.
I find it very hard to evict my tenant…there is lack of rent payment, disrespect to me and the other tenant, plus disregard to the rules I have made available to them. I have tried every way to come to some kind of agreement, but to no avail. I fear they will demolish my two bedroom place and leave me with a great burden and cost in repair. The man is very high strung and has a temper only his wife can control. Thank you!!
I just moved into my first apartment on March 1st 2013. When I moved in I new that the place was outdated and there were some things that needed to be fixed but it was in my price range and I thought the landlord was very nice. Before I moved in I noticed that the fan in the bathroom was Extremely loud and I asked the landlord about it, he assured me that it would be fixed ASAP. One month went by and I saw the landlord a couple times, he never let me know when he was coming he would just show up and pound on my door. When he came, he asked about my baby sitter, not about the fan, he didn’t even come in to look at it. All he wanted to know was if my baby sitter was living with me. The landlord knew when I moved in that I work long hours and I specifically told him that I would have a sitter here quite often and it was know problem then. Now here we are April 14th 2013 and my fan is not fixed, my sink in my bathroom is clogged and has been for almost 2 weeks, and it’s making weird noises and black gunk is coming out of the drain. EWWWW!!! Not to mention that ever since this weird problem with my sink began, I have also been seeing roaches coming out of my bathroom AND kitchen sink. I have been calling the landlord about these problems and nothing is fixed, but he is on my case about my babysitter. He told me I must have brought the roaches in from somewhere and I just need to spray and take out the garbage more often. About the sink, he said I must have let something go down the drain and just let the kids wash up in the kitchen. The next time I spoke with him on the phone he told me he is coming to fix the bathroom but he would not tell me what day or what time. He got very defensive and rude with me when I asked him when he would be coming. He said “You do not have to be there “and “I have right to be there under the lease and if you don’t like it get out!” He snaps at me almost every time I talk to him and he does not let me talk he just talks over me and is very rude. Now he came to my door again unannounced and when I didn’t answer right away, He just let himself in?!?!?! Oh and no, he was not there to fix anything just to tell me that my babysitter is in my apartment to many hours a week and he needs their information to do a background check and put them on the lease. Like what? I already told him that he does not live here; he has his own apartment… I told him I am not putting someone on my lease who does not reside with me and instead of being so worried about our sitter why doesn’t he actually fix something. He said, “Fine if both of you do not sign the paper with in ten days, then I give you a ten day notice to get out.” I feel so helpless; I am not doing anything wrong. I pay my rent and bills on time, I have not had any complaints, I keep my apartment very clean and tidy, and for the last time the sitter is a friend of the family and he does not live with me. Can he kick me out for not signing the paper? Can he give me a “ten day notice?” Can he just walk in my apartment unannounced??? What can I do to make this situation better? I do not want to move, I just want my landlord to do the repairs that are needed, treat me and my space with some respect, and I want to feel safe in my home.
I rented a place in a mobile home park. When I met the owner I told him it needed to be cleaned before I moved in. It was filthy when I moved in and I couldn’t reach him to tell him there was no running water. Nine days after I moved in the washing machine flooded in the wash/storage area. There were some things I hadn’t moved into the unit yet because one box was too heavy and a couple of things that were behind the box. One of them was my printer. Anyway, when it flooded the manager of the mobile park told the plumber to tell me that the owner had been warned before I moved in that he had plumbing problems and that if anything happened it would not only cause him problems but many other units in the park because they were connected. When the plumber came he said the pipes were too frozen to fix right then and until he came back to fix it I would have to turn on a electric heater that was in the area or it would totally freeze and cause the damage that the manager had told him about so I had a huge electric bill. Several of my possessions were ruined and I told him I was going to withold rent for the value. He said it was my fault because I shouldn’t have put my things close to the washing machine-a few feet away. I mentioned the remark to the manager and he stated the owner never wants to pay for anything. When I got the electric bill I told the owner I shouldn’t have to pay for the portion that was used for the heater because otherwise I wouldn’t have used it. Also the exterior door wasn’t weather stripped and I live in the mountains in very cold weather and snow and the gas bill was very high. Each time I spoke with him about the problems he told me that if I complained he was going to give me a 30 day notice. I couldn’t afford to move at the time. I deducted $200 for the replacement of my printer only and he wants that back. Can he give me an eviction notice for complaining. I have not broken any lease agreements. Isn’t that retaliation or harassment and can I take him to court for that. Thanks