Evictions
What Is An Eviction?
An eviction is a legal process in which a landlord seeks to remove a tenant from a rental property. This typically occurs when a tenant has violated the terms of their lease or rental agreement, such as failing to pay rent or engaging in behavior that disrupts other tenants or damages the property. Tenants can also be evicted for refusing to vacate after their lease has expired. Evictions are governed by local and state laws which vary depending on the jurisdiction. But the basic principle is that a landlord has the legal right to regain possession of their property if the tenant has breached the lease.
In most cases, eviction is seen as a last resort when other attempts to resolve the issue have failed, such as warnings or payment negotiations.
How Do Evictions Work?
Evictions are a formal legal procedure and must follow a specific series of steps to ensure they are done lawfully. Landlords cannot simply ask tenants to leave without going through the proper legal process. Evictions typically take place in four stages:
1. Notice of Eviction: Before filing an eviction lawsuit, landlords must provide tenants with a written notice of eviction. This notice can vary based on the reason for eviction. For example, if the eviction is for nonpayment of rent, the landlord may issue a "Pay or Quit" notice, giving the tenant a certain period, often between 3-14 days, to pay the overdue rent. (You can see a list of days by state here.) If the eviction is for violating lease terms, a "Cure or Quit" notice may be issued, giving the tenant time to correct the behavior.
2. Filing an Eviction Lawsuit: If the tenant fails to resolve the issue within the given time frame, the landlord can file an eviction lawsuit, often referred to as an "unlawful detainer" lawsuit, at the local courthouse.
3. Court Hearing: A judge will hear both sides of the case — the landlord and the tenant — to determine whether eviction is justified. If the landlord proves their case, the judge will issue an order of eviction.
4. Enforcement of Eviction: If the tenant does not voluntarily leave the property after being served with an eviction order, a sheriff or law enforcement officer will carry out the physical eviction by removing the tenant and their belongings.
What Is The Eviction Process?
The eviction process is a legal procedure that ensures both landlords and tenants follow the appropriate steps to resolve disputes over rental agreements. The process generally includes four stages:
1. Initial Notice: The process starts when a tenant breaches the lease, and the landlord issues an eviction notice. This notice provides the tenant with a chance to fix the issue, such as paying overdue rent or stopping disruptive behavior.
2. Court Filing: If the issue is not resolved, the landlord files an eviction lawsuit. The court will schedule a hearing where both parties can present their case.
3. Court Decision: The judge will decide whether eviction is warranted. If the judge rules in favor of the landlord, they will issue a writ of possession, which authorizes law enforcement to remove the tenant. If the judge rules in favor of the tenant, then the tenant does not need to vacate the property but must follow the terms of their lease or rental agreement.
4. Eviction Execution: In the final stage, if the tenant has not vacated the property voluntarily, the sheriff or local authorities will physically remove the tenant and their belongings from the premises.
How To Check For Evictions
Checking for past evictions is a common step of tenant background screening for landlords. There are several ways to check for evictions:
1. Public Records: Eviction filings are typically public records and they can be accessed through local court databases. Depending on the jurisdiction, you may be able to search online or visit the courthouse to review eviction cases.
2. Tenant Screening Services: Many property management companies and landlords use tenant screening services to check for evictions. These services search through databases that track eviction judgments.
3. Credit Reports: Some eviction-related information may also appear on a credit report if it involves a judgment. While not all evictions are reported to credit bureaus, it is possible that past evictions, especially those involving court orders, could affect a person’s credit score.
How Long Does An Eviction Stay On Your Record?
An eviction can have long-lasting consequences. The length of time an eviction stays on a record depends on various factors, including local laws and the nature of the eviction:
1. Court Records: Eviction judgments typically remain on public records for several years, usually ranging from 7 to 10 years, depending on local laws. Even if the tenant moves out voluntarily or resolves the situation, the court record may still show that an eviction was filed.
2. Credit Reports: Evictions that involve judgments may also show up on credit reports, where they can affect a person's credit score for up to seven years.
How To Get An Eviction Off Your Record
Removing an eviction from your record is not a simple process, but it is possible in certain circumstances:
1. Vacating the Judgment: If you believe the eviction was wrongful or that there was an error, you can ask the court to vacate the judgment. This requires filing a motion and providing evidence to support your claim.
2. Settlement or Dismissal: In some cases, landlords may agree to dismiss an eviction case if the tenant reaches a settlement or resolves the underlying issue, such as paying overdue rent or agreeing to a new lease.
3. Time: If an eviction judgment remains on your record for the maximum period allowed by law (typically 7 to 10 years), it will eventually fall off automatically. However, this time frame may vary depending on jurisdiction and circumstances.
Tenant Rights in An Eviction
Tenants have certain legal rights during the eviction process to ensure they are treated fairly. These rights include:
1. Right to Notice: Tenants must be given proper notice before eviction proceedings begin. The notice must provide a specified amount of time to remedy the issue. The time given to remedy the issue often depends on the type of issue – for example, a tenant may have fewer days to remedy nonpayment of rent than to remedy a lease violation, such as damages or disrupting other tenants.
2. Right to a Hearing: Tenants have the right to appear in court to contest the eviction. This allows tenants to present evidence and argue why they should not be evicted.
3. Protection from Illegal Evictions: Landlords cannot evict tenants for discriminatory reasons or without a valid legal cause, such as nonpayment of rent or lease violations.
4. Protection from Retaliation: It is illegal for a landlord to evict a tenant in retaliation for exercising their legal rights, such as complaining about unsafe living conditions or participating in a tenant union.
5. Right to Legal Counsel: Certain cities and states have enacted legislation that entitles tenants facing eviction proceedings with the right to legal representation. You can see here whether you live in a city or state with those protections.
How To Prevent Evictions
Preventing an eviction is usually better than dealing with its aftermath. Here are some tips for tenants to avoid eviction:
1. Pay Rent on Time: The most common reason for eviction is nonpayment of rent. Always try to pay rent on time, and if you cannot, communicate with your landlord to work out a payment plan.
2. Follow the Lease Terms: Ensure you are complying with all terms of the lease agreement, including rules regarding pets, noise, and property maintenance.
3. Seek Mediation: If issues arise with your landlord, consider mediation or dispute resolution. Many areas offer free or low-cost mediation services to help tenants and landlords resolve disputes before they escalate.
4. Know Your Rights: Familiarize yourself with tenant laws in your area, so you can identify potential issues and take action early if needed.
By being proactive, staying informed, and maintaining open communication with your landlord, you can often prevent eviction before it becomes a legal issue.
The Eviction Lab
Eviction policies and outcomes vary greatly across the United States and it can be difficult to find comprehensive data about evictions and their impact on society. The Eviction Lab is a research initiative that focuses on studying evictions in the United States. The project aims to provide data-driven insights into the eviction crisis and its impact on individuals, families, and communities.
The main components of the Eviction Lab include:
Eviction Data: The lab has compiled one of the largest databases of eviction records in the U.S., using publicly available court records, which allows researchers, policymakers, and the public to better understand the scope and patterns of evictions across the country.
Research: It conducts in-depth studies to understand the causes and consequences of evictions. The research highlights how eviction affects people's ability to access stable housing, its links to economic and social inequality, and its broader impacts on public health and communities.
Policy Advocacy: The Eviction Lab also works to inform policy decisions aimed at addressing eviction and housing insecurity. The goal is to raise awareness about the need for better housing policies and protections for renters.
Tools and Resources: It provides tools, such as maps and data visualizations, to help users explore eviction rates and trends in different cities and regions across the U.S. These resources aim to help communities, advocates, and policymakers make informed decisions about addressing eviction.
The Eviction Lab is recognized for its role in shedding light on the scale of eviction in America and its devastating effects on people's lives.
Preventing Evictions: Innovators from Ivory Innovations’ Portfolio
Ivory Innovations’ annual Ivory Prize for Housing Affordability recognizes pioneering solutions from private-sector companies, nonprofits, and government agencies in the housing sphere. Each year, the Prize recognizes winners in each of three areas of focus: Construction and Design, Policy and Regulatory Reform, and Finance. Over the years since the Prize’s inception, the former category has featured a number of organizations focused specifically on preventing evictions and supporting those who have experienced an eviction or other housing hardship. These organizations are as follows:
HomeStart: Renew Collaborative – HomeStart identifies and delivers solutions to homelessness. After recognizing that nonpayment eviction was one of the largest drivers of homelessness, HomeStart developed The Renew Collaborative, a market-driven eviction prevention program that saves property owners from the expense of eviction and eliminates episodes of homelessness by way of nonpayment eviction for the working poor and households with subsidies.
Hello Landlord – Hello Landlord helps tenants avoid eviction based on their response to a series of questions. With the help of their free tool, users write a letter that notifies a landlord that a tenant is struggling financially and that the law may not allow them to evict the tenant.
Rent Butter – Rent Butter aims to create a resident screening solution that offers valuable and unbiased insights to housing providers while expanding housing options for individuals with less-than-ideal credit histories.