Eviction 101: Know Your Rights and Options as a Tenant

Facing eviction can feel overwhelming. You need to understand your rights.

Many reasons exist for why landlords try to evict tenants. Because your rental agreement is a binding contract, your landlord cannot terminate your tenancy without valid cause.

You’ll discover why landlords evict tenants and how the process works. You’ll also learn how evictions affect your credit report and financial future.

What is the Typical Eviction Procedure?

Property laws regulate the relationship between landlords and tenants. Eviction laws vary from state to state. No uniform federal law exists.

State eviction laws outline rules that landlords must follow. These procedures apply regardless of whether you’ve broken your lease.

Your landlord cannot simply change the locks while you’re away. Landlords must follow local court procedures for evictions. They cannot use “self-help” tactics to force you from your home, even for unpaid rent.

Notice Requirements

The eviction process begins with your landlord sending an eviction notice. If the notice concerns past-due rent, it should describe the issue clearly. The notice includes the amount you need to pay to resolve the problem.

You receive time to fix the issue and get current. You may be able to negotiate with your landlord. Perhaps you can pay some amount other than the full balance. Then you could reinstate your lease.

If you pay the past-due rent, the problem ends. Both parties can return to peaceful coexistence. But what happens if the problem continues?

If you remain on the property without resolving the issue, your landlord may initiate eviction proceedings. Your landlord must serve you with written eviction notice. The landlord may need to post documents on your door.

The eviction notice must specify how many days you have. The timeline varies by state:

• Arizona and Virginia require five days of notice
• California and Florida require only three days
• Tennessee requires 14 days
• Some states like Minnesota don’t require advance notice

Eviction Lawsuit

An eviction proceeding is a legal matter. A court date will be set after your landlord gives notice. An eviction lawsuit is typically called an unlawful detainer action.

Both you and your landlord will present your cases to a judge. If you receive a summons, do not ignore it. If you believe you’re current on rent, bring detailed records. Written receipts serve as proof.

If the landlord wins, you’ll have a chance to become current. The timeline is set by state law. You’ll have to pay rent plus additional costs to reinstate the lease.

Here are examples from Arizona law:

• Pay all past-due rent and reasonable late fees before a lawsuit is filed to reinstate your lease
• Pay all past-due rent, late fees, legal fees, and court costs after a lawsuit is filed
• After a judgment, any reinstatement is solely at the landlord’s discretion

If you fail to comply with the court order, the judge may order law enforcement to remove you. You’ll usually receive notice of this forcible removal. You’ll be given an opportunity to leave peacefully.

California gives tenants five days to vacate rental premises. The local sheriff posts a 5-day notice on the front door. If you fail to vacate, the sheriff returns and physically locks you out. Possession returns to the landlord.

Reasons for Getting Evicted

Unpaid rent is the most common reason tenants get evicted. Other reasons include causing property damage and not vacating after the lease expires.

Your lease may specify additional eviction grounds. Read your rental agreement carefully. Understand what is and isn’t permitted on the property.

Property damage is a common eviction reason. Leased units are subject to normal wear and tear. But you cannot cause excessive damage beyond this.

Normal wear and tear results from everyday use. Worn carpet or small wall scuffs are examples. Property damage goes beyond this. Damage requires extraordinary cleaning or expensive repairs. Holes in walls or carpet stains are examples.

Other common grounds for eviction include:

• Lying on the rental application
• Failing to maintain premises affecting health and safety
• Subletting without the landlord’s permission
• Living with unlisted people
• Running a business from the property
• Having unauthorized pets
• Engaging in illegal activities

Your landlord may try to evict you through no fault of your own. The landlord may prefer to sell the property. They may want it for personal use. Development may be more profitable.

If this happens, you may have legal protections. You might receive several months to vacate. Your landlord may offer to pay you to leave early.

Eviction and Your Credit Report

Eviction actions don’t usually appear on your credit report. But unpaid rent can show up on your report. Unpaid rent negatively impacts your credit score.

If your landlord filed an eviction lawsuit, the court case becomes public record. A judgment awarding eviction rights is also public record. These can appear in background checks. Future landlords may view these records and deny your rental applications.

If you’re struggling with debt while facing eviction, our partner Cambridge Credit Counseling can help you manage your financial obligations.

Bankruptcy and Eviction: How Filing Can Help

When you file Chapter 7 or Chapter 13 bankruptcy, an automatic stay takes effect immediately. The court order pauses most debt collection, including evictions. The exception: your landlord already has a judgment to remove you.

The stay is temporary. What happens next depends on your bankruptcy type.

Chapter 7 Bankruptcy and Eviction

Filing Chapter 7 can delay eviction temporarily. It rarely stops eviction permanently, especially if you’re behind on rent.

In most states, you can only stay if you pay all past-due rent within 30 days. You must also pay fees and penalties. That’s challenging for most people facing financial hardship.

Chapter 7 is mainly for wiping out debts and starting fresh. If you can’t catch up on rent quickly, you’ll probably need new housing.

Chapter 13 Bankruptcy and Eviction

Chapter 13 can be more helpful if you want to keep your rental. Past-due rent can be rolled into your repayment plan. Plans typically last three to five years alongside other debts. You’d still pay current rent on time.

The catch? Your landlord must agree to this arrangement. Some will agree, especially if they believe you can maintain payments. Both the repayment plan and future rent must be paid consistently.

Limits on Using Bankruptcy to Stop an Eviction

Bankruptcy has its limits:

• The automatic stay won’t help if your landlord already has an eviction judgment
• Landlords can ask the court to lift the stay
• Judges often agree to lift stays
• If eviction involves illegal drug use or endangering property, the process moves forward quickly
• If you had a recent bankruptcy dismissal, the stay may last only 30 days or not apply

When Bankruptcy Might Still Help

Filing bankruptcy just to stop eviction isn’t usually worthwhile. But if you’re dealing with other serious debts, bankruptcy provides breathing room.

Chapter 13 lets you spread unpaid rent into affordable monthly payments. A willing landlord might let you stay under these terms.

If you have a good relationship with your landlord, try talking to them. Discuss pausing the eviction and setting up a repayment plan. If you only need time to move, consider whether bankruptcy fits your bigger financial goals.

To understand how bankruptcy might affect your eviction case, speak with a bankruptcy attorney for free. They can help you see your options more clearly.

Summary

Landlords cannot legally evict tenants without justification. Most municipalities have strict landlord-tenant laws regulating the eviction process.

You must clearly understand your rights and responsibilities. Know your lease terms and local laws. Understand the eviction process in your area.

If you believe you’re being unfairly or illegally evicted, contact a local attorney. Investigate resources your local court offers for tenants. Many cities and counties provide free tenant assistance programs.