In September 2020 the Centers for Disease Control and Prevention (CDC) issued an Eviction Moratorium which was overturned by a U.S. Supreme Court ruling on August 26, 2021. While in effect the moratorium, issued because of the pandemic, banned landlords from evicting tenants for failure to make rent or housing payments provided the renter submitted a CDC Declaration.
Personal bankruptcy options are available and may help, so be sure to speak with a bankruptcy attorney about your situation.
Unpaid rental amounts continued to accumulate for those who submitted the Declaration. Over 3.6 million Americans were behind on their rent between June and July 2021, with 1.4 million of those reporting that they were very likely to be evicted.1 If you are in a situation where you are behind on your rent, or feel you won’t be able to make rental or housing payments, understanding the basics of the eviction process can help you better navigate this stressful situation.
The best advice for those falling behind on their rental or housing payments is to seek help immediately. The Federal government makes funding available to assist households that are unable to pay rent or utilities through the Emergency Rental Assistance Program funds which are allocated to state and local governments. To find where you can obtain Emergency Rental Assistance under the federal program click here.2
This federal program also helps pay for utilities and internet charges. The Consumer Financial Protection Bureau website offers information on a host of federal, state and local government programs offering relief to both homeowners and renters who need assistance.4 Free legal help is also available through many state bar associations. Check with your state to see if it offers a COVID-19 Rapid Response Helpline, which can provide attorney referrals and a no-cost 25 minute consultation and is available to anyone who needs legal assistance, regardless of income.5 You might also wish to consult with a bankruptcy professional or attorney as they are aware of programs in your area and can assist you in accessing those resources and filing any necessary paperwork. They can also assist you if you are being evicted.
The eviction process varies from state to state so it is best to consult an attorney in the state in which you live. In states for example, a landlord can evict a tenant for failing to pay rent the day after it is due unless a grace period is noted in the lease/rental agreement. The landlord is required to provide the renter with a 7-Day Notice to Quit, which gives the renter seven days to move out in order to avoid being evicted. If you don’t move out within seven days, the landlord can proceed with the eviction process by filing a complaint with the appropriate court.
A summons and complaint will then be provided by an officer or process server at least three days prior to the eviction hearing by giving a copy to the tenant in person; leaving a copy with the tenant’s family member; or by posting a copy on the main entrance of the tenant’s rental unit.6
Once the court issues a summons an eviction hearing with be held in 5-10 days and a tenant may choose to file a formal, written answer with the court, however, they are not required to do so. It is important for the tenant to appear at the hearing as the judge can issue a default judgment in favor of the landlord if the tenant doesn’t appear at the eviction hearing. Both the tenant and the landlord have the right to appeal the court’s judgment.
If the judge rules in favor of the landlord, a Writ of Restitution will be issued 10 days after the date of the judgement. Within that 10-day timeframe a tenant can file an appeal with the court or they can pay the past-due rent in full, and any other costs associated with the judge’s order, and the writ will not be issued and the eviction will be stopped. The Writ of Restitution is a final notice to leave the rental unit. If the renter doesn’t voluntarily leave a sheriff will be sent out, usually within seven days of when the writ was issued by the court, to forcibly remove the tenant from the property.
Unless your landlord sold the debt you owed to a collection agency, your credit report generally will not reveal that you have been evicted, however, a separate rental history report, available through tenant screening companies like Experian RentBureau, will show any eviction you have had within the past seven years.7 This can greatly affect your housing options in the future so it is best to obtain legal advice to guide you through the eviction process. Not only will a lawyer safeguard your rights during the process and insure that your landlord is complying with all applicable rules and regulations, but they also will be able to file documents as specified by the courts.
If you are struggling to make ends meet including paying for your housing, know that you have options. Hines Law is a full-service bankruptcy firm that has been providing debt solutions for residents throughout Massachusetts for 20 years with affordable bankruptcy options. Specializing in Chapter 7 and Chapter 13 filings, we will help you through the bankruptcy process and fight for your rights. Don’t wait, call for a Free Consultation so that you can take control of your finances and establish a secure future.
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1 Likelihood of renters behind on rental payments to be evicted in next two months in the United States in 2021, Statista Research Department, September 8, 2021
Link: https://www.statista.com/statistics/1251511/eviction-likelihood-for-renters-in-the-usa/
2 Find Rental Assistance
Link: https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/emergency-rental-assistance-program/program-index
4 Help for Homeowners and Renters During the Coronavirus National Emergency
Link: https://www.consumerfinance.gov/coronavirus/mortgage-and-housing-assistance/
7 How Long Does an Eviction Stay on Your Record? by Jennifer White, 9/29/2020
Link: https://www.experian.com/blogs/ask-experian/how-long-does-eviction-stay-on-report/
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