Eviction Etiquette: What To Do When Times Are Tough

Each day we read about new reports of lay-offs, downsizing, and bankruptcies, events which mean that many people no longer have either payroll checks or stock options to help them meet monthly costs. For a small percentage of renters, the result can be eviction.

In general terms, an "eviction" can be seen as the end of the line, a contractual failure with landlords on one side and tenants on the other.

The good news is that virtually everyone hates evictions. Tenants hate such events for obvious reasons, but landlords also want to avoid the problems evictions represent.

If you're a landlord, you don't want an eviction because it costs money, you will likely have a vacancy period, and courts will often make the process as difficult as possible to avoid putting people on the street.

But evictions happen, so what can you do if times get tough?

The first step is to speak with your landlord or manager. If you can't make the full payment, can you make a partial payment now and more later? Can you make a full payment with some delay? What about late fees and such?

At this point everyone may be best served by agreeing to end the lease -- you move, you get back your deposit, and the landlord re-lets the property. There's no eviction stigma and if all rents are paid nothing will show on credit reports. In a tough situation, everyone does reasonably well.

The alternative is messy. Eviction rules vary by state and locality, and even with a pro-owner lease and no rent checks eviction is neither easy nor instant.

While a lease is a contract -- and not paying the lease, damaging the property, or violating other contract terms can all lead to an eviction -- the practical reality is that no jurisdiction is eager to evict. There is a stigma to evictions, and no community wants more people on the street or in shelters.

That said, you can be evicted. Here's what's likely to happen.

• The landlord must follow the terms of the lease and local regulations. Generally this means providing notice that lease terms have been breached and that you will be evicted unless certain events take place -- the rent is paid, repairs are made, etc. However, it's possible to simply get an eviction notice, one where the landlord does not ask for money, repairs, or whatever. Instead, the landlord simply seeks to end the lease.

• The landlord cannot hire large people to remove you from the property. This is a process reserved for the court system.

• The landlord cannot engage in a "constructive" eviction -- that is, changing the locks, removing the doors, shutting off the heat, or otherwise taking any action which violates the lease terms.

• An eviction request must be heard by a judge. If notified of a court hearing, you should obtain legal counsel. Contact an attorney, legal clinic, local law school, legal aid society or community group for assistance.

• Once the eviction comes before a judge, the landlord will present a case and you will have a chance to defend yourself. What's a good defense? Repairs were not made, the property is damaged or dangerous, the landlord's behavior represents a constructive eviction, etc.

• In practice, judges will often seek a compromise between owners and tenants, but if that's not possible and the owner wins, then the court will issue an eviction order.

• The eviction order effectively authorizes the landlord to have local authorities physically remove you and your belongings from the property. In practice, again, this is not a cut-and-dried matter. The local sheriff or marshal may have a back-log of evictions and a shortage of officers. Local rules may prohibit evictions when it's wet or cold. Most likely you will be given an eviction deadline with the hope that the property will be empty by that date.

• If you do not leave the property, local law enforcement will take everything in the unit and move it physically to the curb. This is something no one wants. Items left outside are subject to the elements as well as possible theft.

• Your deposit may be reduced by the landlord's eviction costs, depending on the terms of your lease and local rules.

• An eviction is a public process, and information will be available to future landlords and creditors.

If you're facing hard times, work with your landlord. For additional information, consult with legal advisers, local housing groups and government housing offices.

General Resources:
• GotTrouble.com
• Northwest Justice Project
• California Department of Consumer Affairs

For more articles by Courtney Ronan, please press here.

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