Moving can be a stressful experience in even the best of circumstances. However, having to pack up after an eviction is something no one wants to endure.
“Evictions are a result that landlords try hard to avoid,” says Samuel M. Sherry, a Maine attorney specializing in landlord representation.
Still, sometimes they are inevitable. If you are a tenant facing eviction, take the time to learn how the process may play out and what resources are available.
[Can a Landlord Evict You Without a Court Order?]
Why Can You be Evicted?
Eviction procedures vary from state to state and may differ by county or city within a state.
“New York City is a very complicated housing market,” says Michelle P. Quinn, partner with law firm Gallet Dreyer & Berkey in New York City. Evictions are handled by the New York City Housing Court, but the process can vary depending on whether someone lives in a co-op, loft, market rate apartment or rent subsidized housing.
Evictions in New York City can occur for two reasons: nonpayment or lease default. A lease default may occur if someone does something that violates the terms of their lease, such as installing a washing machine when one is prohibited.
In Sherry’s experience in Maine markets, the following may all be reasons for eviction in addition to nonpayment:
— Excessive police calls.
— Disputes with neighbors.
— Allowing squatters to move in.
— Creating a nuisance.
Property damage and illegal activity can also be reasons for an eviction in most jurisdictions.
How Long Does an Eviction Take?
While the details vary, states generally follow the same basic steps. Tenants must first be provided an eviction notice. Standard times for these notices include 30, 60 and 90 days, but some can be substantially shorter. For instance, in California, there is an option for landlords to send a three-day notice asking the tenant to either pay their overdue balance or move out.
Once a notice is issued, a hearing is scheduled so a court order can be issued to require the tenant to vacate the premises. If the tenant does not leave voluntarily, a landlord typically must wait until a sheriff can accompany them to the property and enforce the eviction notice.
“On paper, that looks like probably four to six months,” Quinn says. “That’s on paper. That’s not at all realistic.” With courts still backed up from evictions filed after the end of a pandemic-related moratorium, some cases that were filed years ago are still waiting for resolution in New York City.
Meanwhile, a leasehold eviction at a property located outside of the city of Portland in Maine could be completed in as little as five to 10 weeks, according to Sherry.
Still, an eviction is not a positive outcome for a landlord. Not only is the eviction process long and costly, but once a resident has been removed, a landlord needs to go through the process of finding a new tenant.
[READ: How to Run a Tenant Background Check]
How to Avoid an Eviction
In some areas — such as New York City — a tenant can pay any outstanding balance due and end the eviction process. That’s the result of a 2019 change in the law, Quinn says. Prior to that, even if a tenant paid their past due amount, the eviction could continue.
If you’re behind on payments and know you can’t catch up, a better option may be to strike a deal with the landlord or property management firm. They may be willing to drop the eviction proceedings if you agree to move out voluntarily and leave the unit in good condition.
“It is a very embarrassing and discouraging process,” says Charley Moore, founder and CEO of Rocket Lawyer. “Both a tenant and a landlord should do everything they can to avoid an eviction situation.”
Finding Housing After an Eviction
If you know you’re going to be evicted, moving before the formal process begins is a good idea. That’s because having an eviction on your record could make it more difficult to rent a property in the future.
“You may have to disclose it on a rental application,” Moore says. And a prior eviction may be reason for a landlord to refuse to rent to you in some — but not all — jurisdictions.
Don’t assume you can simply omit that information on your application either. Many landlords use online services that sweep public judgment data and may alert landlords to a prior eviction, Sherry says.
However, if a formal eviction does take place, the best way to find housing later is to be honest about your previous situation. Most landlords will discover the eviction when conducting a background check, so it’s best to share that information before they find it themselves.
Even if a landlord is willing to overlook a past eviction, expect to pay more for a down payment or security deposit than what would otherwise be required.
[Should You Use a Real Estate Agent to Find Your Next Rental?]
How to Get an Eviction Off Your Record
Depending on whether your landlord reports to the credit bureaus or a financial judgment is entered against you by the court, evidence of your eviction could end up in your credit report. This information should drop off automatically after seven years.
A formal eviction also creates a court record, and this cannot be easily erased or hidden. The only way to remove the eviction from your record would be to have it expunged. Typically, the landlord would need to agree to that, which would mean settling any past due amount.
Depending on your state’s rules, you may also be able to motion the court for an expungement if certain circumstances exist, such as if the property was in foreclosure or you moved out prior to the eviction being finalized.
There are lawyers who can help with these cases, but they may be expensive. A better option may be to work with your landlord directly to reach a resolution, preferably before you are evicted and not after.
“Surprises are trouble,” Sherry says. “Communication is always helpful.”
Offering collateral or partial payments are two ways to show a landlord that you’re committed to meeting your obligations. Keep a record of your communication and get any agreement in writing.
[Read: How to Break Your Apartment Lease]
Local Eviction Help and Getting Rental Assistance
Here’s where you can go to find more information about your state’s current eviction policies as well as contact information for legal services:
Alabama
Legal Services Alabama provides eviction resources and updates online. It can also be reached at 1-866-456-4995.
Alaska
The Alaska Housing Finance Corporation offers resources on evictions and the application for rental assistance on its website.
Residents can also call 211 to inquire about a wide variety of assistance programs.
Arizona
Information on Arizona’s Rental Assistance Program for low-income seniors and families with children is available here. Different organizations also offer varying types of legal aid throughout the state, with more information here.
Residents can also apply for eviction prevent assistance by calling 211 statewide.
Arkansas
Arkansas residents may be able to find rental assistance through the Community Grant Program.
The free legal aid organizations for low-income residents in Arkansas are the Center for Arkansas Legal Services (501-376-3423) and Legal Aid of Arkansas (1-800-952-9243).
California
Information and resource links for renters is available on the state’s Housing is Key website.
Residents can also get more information on evictions through LawHelpCA.org.
Colorado
Colorado’s Department of Local Affairs provides an Emergency Rental Assistance Program for residents needing help with potential eviction or foreclosure. More information can be found here.
Residents looking for rent assistance or rental advice can call 211 or visit 211Colorado.org.
Connecticut
Connecticut has established an Eviction Prevention Fund, and residents can find more information here.
By calling 211 (or visiting 211ct.org) in Connecticut, you can get access to community services, including rental assistance and legal services.
Delaware
Delaware’s Legal HelpLink can be contacted by calling 302-478-8850, or residents can apply for eviction assistance online.
District of Columbia
D.C.’s Office of the Tenant Advocate can be reached by phone at 202-719-6560.
Florida
The Florida Department of Children and Families provides county-by-county resources for those facing homelessness here.
Georgia
Georgia’s residents may be able to find eviction assistance through Georgia Legal Services Program and Legal Aid Atlanta.
The Georgia Department of Community Affairs also offers information about rental housing assistance on its website.
Hawaii
By calling 211 in Hawaii, residents will be connected with Aloha United Way, a free hotline for anyone looking for information, referrals and help on just about anything, including rental assistance or legal aid.
Idaho
Idaho residents can find information about rental assistance through the Idaho Housing and Finance Association website.
Eviction assistance may also be available through Idaho Legal Aid Services Inc.
Illinois
The Illinois Department of Human Services has information about the Court-Based Rental Assistance Program and legal assistance options on its website.
Indiana
Information about Indiana rental assistance can be found online.
Indiana Legal Services Inc. allows residents to apply for free legal help by phone at 1-844-243-8570, by dialing 211 or online here.
Iowa
The Iowa Finance Authority offers rent subsidies to eligible individuals. More information can be found on its website.
Kansas
The Kansas Housing Resources Corporation offers information about renters assistance programs on its website.
You can apply for legal assistance through Kansas Legal Services online or by calling 1-800-723-6953.
Kentucky
Kentucky Legal Aid can be reached by phone by calling 866-452-9243, or you can apply for assistance online.
Louisiana
The Louisiana Housing Corporation has information about renter assistance programs on its website.
Maine
MaineHousing, or the Maine State Housing Authority, provides rental programs and assistance here.
Legal aid organizations that are more locally based and focus on specific issues are listed here.
Maryland
The Maryland Department of Housing and Community Development provides information on rental assistance and other resources here.
Massachusetts
Housing help and rental assistance resources in Massachusetts are available here.
To find legal resources that meet your needs, you’ll need to look at local options. Search here to find the right legal aid.
Michigan
Information about Michigan rental assistance programs can be found here.
Michigan Legal Services can be contacted at 313-964-4130.
Minnesota
Resources for housing assistance in Minnesota can be found here.
Renters in need of legal assistance can call the Minnesota nonprofit focused on tenant advocacy, HOME Line, at 612-728-5767.
Mississippi
A list of agencies providing emergency rental assistance in Mississippi residents can be found here.
Mississippi residents can apply for legal aid through the Mississippi Center for Legal Services by calling 1-800-498-1804.
Missouri
Missouri Housing Resources provides information on eviction prevention here.
Missouri Legal Services provides contact information for legal aid offices throughout the state here.
Montana
The Montana Department of Commerce website offers information about rental assistance programs.
Nebraska
Nebraska residents can find information about rental assistance here.
Nevada
Nevada residents can find housing assistance by calling 211 or visiting the Nevada 211 website.
Information and assistance may also be found through Nevada Legal Services.
New Hampshire
Residents can find information about rental assistance programs in New Hampshire here.
Residents can also contact 603 Legal Aid to inquire about legal aid and resources.
New Jersey
Information on rental assistance programs is available here.
Residents needing legal help for a civil matter, including rent-related issues, can apply to Legal Services of New Jersey here.
New Mexico
New Mexico residents can find information about state housing programs on the Housing New Mexico website.
New Mexico residents can apply for legal help through New Mexico Legal Aid by calling 833-545-4357.
New York
New York residents can find links to rental assistance programs here.
North Carolina
North Carolina residents can call 211 or visit the NC 211 website to be connected to local organizations that provide rental assistance.
North Dakota
The NDRH Housing Stabilization Program offers rent assistance to eligible households and information can be found here.
North Dakota residents can apply for legal help through Legal Services of North Dakota by calling 800-634-5263 or visiting the organization’s website.
Ohio
Information about rental assistance is available through the Coalition on Homelessness and Housing in Ohio website.
Ohio Legal Help offers resources and information to residents through its website.
Oklahoma
Oklahoma residents in need of rental assistance can apply here.
Oklahoma residents seeking legal aid can call 888-534-5243 or apply online.
Oregon
Oregon residents seeking emergency assistance can contact 211info to be connected to available resources.
The Oregon Law Center also provides free legal assistance through the Eviction Defense Project.
Pennsylvania
Pennsylvania residents can apply for county-by-county rental assistance here.
The Pennsylvania Legal Aid Network provides contact information for legal aid providers throughout the state here.
Rhode Island
Rhode Island renters can find information about assistance programs here.
South Carolina
South Carolina residents can get information about available rental programs here.
South Carolina residents needing legal help can apply for representation through South Carolina Legal Services at 1-888-346-5592 or online.
South Dakota
South Dakota Housing offers information about rental assistance programs online.
South Dakota residents in need of legal help can find contact information for their local legal services office here.
Tennessee
Residents can find information about rental assistance programs through the Tennessee Housing Development Authority website.
There are a handful of regionally located Tennessee Legal Aid Services offices throughout the state. Phone numbers for each location are located here.
Texas
The Help for Texans website connects residents with local sources of rental assistance.
Utah
Utah residents can contact Utah 211 to see what rental assistance programs are available in their area.
Utah Legal Services can be reached by calling 1-800-662-4245.
Vermont
Vermont tenants can find information about rental assistance programs here.
Virginia
Tenants in Virginia can learn about rental assistance programs here.
The Virginia Eviction Legal Helpline is 1-833-663-8428.
Washington
The Washington State Department of Commerce provides a list of websites for organizations that provide rental assistance, which can be accessed here.
Washington residents can call 211 for tenant resources regarding legal help, eviction protection or rental assistance in their area.
West Virginia
West Virginia residents can find links to rental assistance programs here.
West Virginia residents seeking legal help can apply to Legal Aid of West Virginia by calling 1-866-255-4370.
Wisconsin
Wisconsin residents can apply for rent or utility relief here.
Wisconsin residents seeking legal aid regarding housing issues can inquire with Legal Action of Wisconsin by calling 1-855-947-2529 or applying online.
Wyoming
Wyoming residents can call 211 or visit Wyoming 211 to find rental assistance.
Wyoming’s statewide legal hotline provides information and can direct you to the right place for legal help: 1-877-432-9955.
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What to Do if You Get Evicted originally appeared on usnews.com
Update 02/06/24: This story was published at an earlier date and has been updated with new information.
