What to Do if You are Evicted from a Rental

Being evicted from a rental property can be a traumatic experience. It can be harder for tenants who have limited financial resources, who have poorer credit ratings or who have spotty rental histories. The eviction process begins when the tenant is served with a notice of eviction, which means that the tenant has a limited amount of time to either pay the overdue rent in full or vacate the rental unit. Failure to do either can result in a court-ordered eviction (or “unlawful detainer”), wherein the tenant relinquishes occupation of the unit and may have to pay the landlord damages for their loss of rent.

Regardless of the circumstances behind the eviction, being put in this difficult position can be disheartening and overwhelming. But it doesn’t have to be. Here’s a guide on what to do if you are evicted from a rental.

Step 1: Review the Eviction Notice

It’s important to read the eviction notice carefully. It is usually issued by the landlord, though in some cases, it may come from a court. It details the reason for the eviction, how long you have to leave, and any conditions attached, such as how much money you owe the landlord. It will also detail any rights you have, such as the right to challenge the eviction in court.

Step 2: Research the Eviction Laws of Your State or City

The law can vary significantly from state to state and even from city to city, so it’s important to research your local laws before taking action. In some states, the landlord may not be able to evict you unless they can show that you were truly responsible for the issue at hand. Researching the applicable laws may give you a better idea of your rights and whether or not you may have a leg to stand on.

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Step 3: Contact the Landlord

Once you know what the law says about your rights to remaining in the rental, contact the landlord to see if you can negotiate a solution. Depending on the situation, the landlord may be willing to work out a payment plan or consider additional options. If the landlord is unwilling to work out an agreement, you may still be able to try to negotiate a settlement that would keep you from getting evicted, such as providing the landlord with a one-time payment to settle the debt.

Step 4: Consider Moving Out

Sometimes, there’s not much that can be done to avoid an eviction. If you can’t reach an agreement with the landlord or wait the required amount of time before leaving, you may have to move out. Before doing so, however, be sure to document the condition of the property and all associated costs that the landlord may be responsible for (e.g. the cost of moving). This information can be important if the landlord sues for unpaid rent or damages later.

Step 5: Appeal Your Eviction in Court

If you don’t agree with the eviction, you may have the right to appeal it in court. Doing so requires that you file a formal response with the court, outlining why you don’t agree with the eviction. This can be a complicated process, so it’s best to enlist the assistance of a qualified attorney.

Step 6: Consider Your Options After the Eviction

Once you’ve left the rental, you’ll need to start looking for new housing. Make sure to review your credit report and score to get an idea of which rental properties you may qualify for. It’s also a good idea to review related state and local laws to understand what rights you have against your former landlord.

Conclusion

Being evicted from a rental can be traumatic experience. It’s important to take it seriously, though, and take every step necessary to protect yourself. Review the eviction letter, study the relevant local laws, and consider any applicable negotiation or appeal options. If an eviction is inevitable, be sure to document the condition of the property and all associated costs to protect yourself financially. Finally, use what you learn from the experience to make more informed decisions in the future.