The moratorium ends: what to do and where to go if you are evicted
For the millions of Americans who filed unemployment claims in the midst of the COVID-19 pandemic, the state and federal government's moratorium on evictions meant they didn't have to worry about ending up on the streets. However, the situation has now changed. What to do and where to go if you are evicted, the newspaper said. Real Estate USNews.
Eviction moratoria have been canceled, extended, or changed in different ways depending on the state, and many tenants who have not paid their rent may receive an eviction notice soon.
The eviction moratorium, imposed in September by the Centers for Disease Control and Prevention for people unable to pay rent due to the COVID-19 pandemic, expires at the end of the year and does not apply as a comprehensive moratorium for all tenants. With many states lifting other protections and limiting rental assistance resources, tenants are at risk.
“I don’t think any homeowner I’ve ever met wants to kick people out,” says Steve Siebold, co-author of How Money Works: Stop Being a Sucker. "However, homeowners need to pay their bills and non-paying tenants need to be evicted."
If you've received an eviction notice, here's what to expect.
How long does it take to check out
Eviction procedures differ from state to state and may even differ from county to the same state. Prior to the pandemic, an eviction in Phoenix could have been completed in as little as three weeks, while in California it could have taken as long as six months, according to Nick Mertens, vice president of real estate company Atlas Real Estate.
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While the timeline can vary, states generally follow the same basic steps. Tenants must first receive an eviction notice. A hearing is then scheduled, at which the court issues an order requiring the tenant to vacate the premises. If the tenant does not voluntarily leave, the landlord usually has to wait until the sheriff can accompany him to the property and enforce the court order. Any landlord who blocks a tenant from entering a home or tries to force him to vacate a rented home without going to court or waiting for the sheriff's help is acting illegally and must notify the authorities.
Since court hearings on evictions were suspended for several months due to quarantines last spring, the eviction process in some places could take significantly longer than usual.
“The courts will be so overwhelmed with cases that you might not be evicted for five or six months,” says Howard Dworkin, personal finance expert, certified public accountant and chairman of Debt.com.
But evictions take place even under a moratorium, and in some places the courts act as quickly as possible, trying to deal with a large number of eviction cases. To qualify for protection under the CDC's moratorium on evictions, a tenant must:
- try to get help with paying rent;
- have an expected income in 2020 of less than $ 99 ($ 000 for married couples);
- be unable to pay rent in full due to loss of income or increased medical costs;
- strive to make partial payments in a timely manner, making “every effort”;
- have no other housing where he can move without risk to health;
- report all of these concerns to your landlord.
If you receive a notice of an eviction hearing, regardless of whether you meet the above criteria, you can still try to fight. Contact your local tenant advocacy organizations, contact your local legal aid office for dealership information, and check your state and city government websites for information that may help prevent eviction.
Finding accommodation after eviction
If you know you are about to be evicted, it may be helpful to move before the formal process begins.
“If you have an eviction record, it will be very difficult for you to rent an apartment again,” says Mertens. - If you are late in payments and know you cannot make up for them, the best option may be to do a deal with the landlord or property management firm. They may wish to end the eviction procedure if you agree to voluntarily move out and leave the apartment in good condition. "
However, if formal eviction does take place, the best way to find a new home is to be honest about your previous situation. Most homeowners find an eviction when they check their background information, so it's best to share this information before they discover it.
“Some homeowners don't want to hear about your concerns,” Dworkin says. However, as a landlord, he says honesty can make a difference when considering a rental application. "I've found that when people openly talk to me about past problems, I feel so much better."
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Even if the landlord is willing to ignore a past eviction, expect them to ask for a larger down payment or a security deposit.
How to remove an eviction record
Your eviction information may appear on your credit score. It should disappear automatically after seven years.
Formal evictions also create court records that are not easy to erase or hide. The only way to remove the eviction information from your data is to cancel the eviction. Typically, the landlord must agree to this, which means you will have to pay off any outstanding debt. Depending on the rules of your state, you may also be able to petition the court to have the eviction canceled if certain circumstances exist, such as if the property was foreclosed or you moved out before the eviction process was completed.
There are lawyers who can help with these cases, but their services can be expensive.
"Who has money for a lawyer if he cannot pay the rent?" Siebold asks. He recommends trying to resolve the issue directly with the landlord, preferably before the eviction, rather than after.
“I think goodwill goes a long way when it comes to evictions,” says Siebold.
Offering collateral or installments are two ways to show the landlord that you plan to meet your obligations. Sign a written payment agreement with him.
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Mertens says it's better to try to avoid an eviction first than to try to remove it from his credit history. Moreover, it is in the landlord's best interest to avoid eviction, which can be a long and costly process.
“This is bad for the tenant and the property management company,” he explains. "Nobody wants to be evicted."
By talking to your landlord now and agreeing on a payment plan before they start the process, you may not have to worry about what to do in the event of an eviction.
Here you can find more information about your state's current eviction policy, as well as contact information for legal services:
- Information on financial aid and anti-eviction in California during the pandemic can be found here.
- Residents can also get more information about eviction through LawHelpCA.org.
- Florida residents looking for rental assistance can visit Florida Housing Finance Corporation website for information on how to apply.
- Contact information for obtaining legal aid in Florida is listed at the Florida Bar Association, the state bar association, and is available here.
- Illinois Legal Aid Online provides here updated information on housing during the pandemic.
- Illinois legal aid options are provided locally by county. Illinois Legal Aid Online provides here search assistance and contact information for obtaining the necessary legal services.
- Property rentals and evictions during the COVID-19 pandemic for New Jersey residents available here.
- Residents requiring legal assistance in a civil case, including rent related issues, can contact the New Jersey Legal Service at 888-576-5529 or apply online here.
- Updates and information on eviction moratoriums and housing assistance for New York City can be found here.
- The New York State Housing Renewal Department has a dedicated Assistance Program Information Center that can be reached at 833-499-0318.
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