There are as many reasons for an eviction as there are people to evict. The reasons vary, but they basically come down to two: renters for whatever reason can’t pay the rent, and/or the renter or his/her animals destroyed the structure being rented. Either way, emergency eviction loans are in the cards.
Unfortunately, bad stuff happens all the time. And one of the worst things that can happen is that you lose the roof over your head. However, this can be prevented. We understand that life can catch you off guard, but you need to have a backup plan. ALWAYS. Especially when it comes to keeping your home. You should always budget, and if it’s possible, have extra money put aside for rent, if it comes down to it. But that’s not always possible. And this is where emergency eviction loans come into play. Long story short, if you are here looking for a way NOT to get evicted, you came to the right place. Loanry has your back.
However, if you currently don’t need a loan, and you just came here to find as much as you can about eviction, you’re again in the right place. Loanry’s experts share all their financial knowledge FOR FREE. And if you inform yourself on time, there’s no way you’ll absolutely need a loan to pay your rent. So let’s begin with this lesson.
Reasons For Eviction
Before we get into the legal mumbo-jumbo regarding evictions, let’s go over some of the reasons a renter could be evicted. The most common reason people need money for rent is because they used the rent money to pay medical bills. They had an operation or an accident in which they were injured (work accidents are the most common.) Now they’re frightened and madly need emergency help with rent.
Car accidents are usually the second reason renters need a loan for rent. People need a new or used car to get to work. If they live in rural or suburban areas, a bus or cab isn’t generally an option. Buses don’t run in the country, and you may as well spend the money on a car instead of a cab.
If the insurance money is enough to get a car of some type, all well and good. Sometimes it isn’t. Sometimes the insurance won’t pay, especially if they find you at fault or the car is totaled. You might find yourself in need of emergency eviction loans to pay for a car as well as rent.
Sometimes people are fired from their jobs unexpectedly. Other times a computer glitch messes up the schedule, and you’re only scheduled for three days per week.
It’s an unfortunate fact that singles, couples, and even their kids work two jobs to make ends even fake meeting. When one partner loses a job, the other jobs must stretch to cover what was lost. Most times it doesn’t. This can end up meaning the single’s or family will need help paying rent now. They might need a loan to pay rent.
The First Step In Eviction
The landlord has to terminate your tenancy before he can evict you. This means a written notice must be given to you. Laws vary from state to state, but generally you have 90 days to pay up or move out. This means you have time to catch up on the rent. Emergency eviction loans will help.
If you can catch up on the rent, repair what the dog destroyed, then you can stay. The eviction notice will be canceled, and you won’t go to court at the end of the 90 days. State laws are strict, and landlords must follow them to the letter. If you can’t get a loan to pay rent, the landlord will then file an eviction lawsuit. You must be served with the eviction papers in accordance with state law.
Notice To Quit
The landlord might give you a notice to “quit” or move out for the following reasons:
- Pay rent or quit. This means you have (in most states) three up to five days to pay up or get out.
- Cure or quit. If you’re in violation of your rent agreement by making excessive noise or keeping a pet when your rent agreement states no pets, then you have a certain amount of time, usually five to seven days, to “cure” the violation or move on.
- Unconditional quit. You won’t even have a week to leave. You must leave immediately. This will happen if you’ve repeatedly violated your rent agreement by doing something illegal (drugs,) repeatedly failed to pay rent, or destroyed the place.
No Cause Termination
You could be on time with the rent and not need money for rent, your apartment or house could be in pristine condition, and your habits unobjectionable. Only if you don’t have a fixed-term agreement can your landlord toss you out for no reason at all.
The landlord is required by law, though, to give you enough notice to quit the premises. In most states, 30 to 60 days is the norm. States vary in this regard, so ask a lawyer how much time you have.
If you live in a rent control city, then the landlord has to prove he has just cause to terminate your rent agreement. The laws governing this are called “just cause eviction protection”. Ask a lawyer if your city falls into this category.
An Eviction Lawsuit
If you’ve failed to obtain a loan for rent or fixed the problem for which you’re being evicted, then the landlord must serve you with the proper papers at the proper time. When the legal amount of time has passed, then the landlord will file an eviction lawsuit with the court.
You will be served with the papers which will include the time and date to appear in court. You must appear in court on the date and time. If you don’t, the judge will rule against you.
You might have the judgment set aside if you can prove the landlord
- evicted you in retaliation for asking for needed repairs,
- not maintaining the property in reasonable living conditions, or
- improperly filed and/or served eviction papers
Ask a lawyer for advice in proving these things if they exist.
Escorting You Off The Property
We’re sure you’ve seen people’s belongings out in their yard awaiting their pickup. In most states, this is highly illegal. Following the court order, the landlord will give a copy of it to the sheriff’s office. You will have a set amount of time to remove your things to storage or another living arrangement. The sheriff’s office will come at that time to escort you off the property.
We’ve discussed the proper eviction protocol from a landlord’s point of view. However, tenants have rights, too, such as:
- Proper notice. A landlord can’t just stick a yellow post-it note to the door saying “get out.” Nor can s/he tell a friend to pass on the message or email it to you. S/he must follow the legal pathway to eviction.
- Time. The tenant must, by law, be given time to respond to the eviction notice, pay the rent, facilitate repairs, or stop doing objectionable things. This is a good time to get emergency eviction loans if you need help paying rent now.
- Proper filing. The eviction notice must contain the proper details such as the tenant’s name and address, the reason for the eviction such as failure to pay rent, and the name and address of the responsible party to whom rent should be paid.
If these things weren’t done properly and according to your state’s laws, then consult a lawyer. S/he will make sure that you’re not being railroaded and will alert the court that you’re making a good faith effort to make the situation right.
How to Get Out of This?
As scary as those yellow notices taped to your door are, you do have access to resources to get you out of this situation:
- Pay the rent. Many people max out their credit cards, borrow against their life insurance or their 401k, or borrow from family and friends. This is when you need to check into a loan to pay rent or emergency eviction loans.
- Repair any damages. If your dog ate something he wasn’t supposed to eat, then take out an emergency help with rent loan to repair the damages.
- Appeal the eviction. If your landlord improperly or illegally gave you an eviction notice, then appealing it might allow you to stay in your home longer. If you live in private housing, then a civil suit might be brought against the landlord. Public housing offers tenants other routes to appealing the eviction. Check with the U.S. Department of Housing website to find your state’s housing rules and resources.
- Seek legal advice. Online lawyers will answer your questions for a small fee within 12 to 24 hours.
Renting Without a Lease
It’s possible to rent a property without a lease, but you still retain the rights of a tenant with a written rental agreement. Let’s say a family member owns a property and needs a tenant. You move in. You are now called a tenant at will.
It’s called an implied lease when you rent a property without a written agreement. If you pay each month, then you have a month-to-month implied lease. You retain renter’s rights even though nothing is written down.
Notice of Termination
Your desire to terminate your tenancy must coincide with the date you pay rent. This may be due to the need for rental loans, or you’ve located a more desirable property. Whatever the reason for the termination, you must give your landlord proper notice (usually a month). There will be no penalties due to having no written lease.
Almost every landlord, including the landlord of a tenant at will, requires a deposit for cleaning when you move out and for repairing any damages incurred during the rental. Most landlords return the deposit in a timely fashion, although landlords of tenants at will tend to return the deposit sooner than other landlords.
When a Landlord Sells a House a Tenant at Will Rents
There’s almost no greater shock than hearing that the house you rent as a tenant at will is being sold. Images of boxes and suitcases outside the house immediately run through said tenant’s mind. Relax, though, because all is not lost. You have rights, even if the house is being sold.
Talk to the new owner. It’s not many new owners who would toss a renter out when the rent could be put toward their new mortgage payment. Also talk to the present landlord. He might be able to work your tenancy into the contract at closing. You might not need help paying rent now at a new place.
It might ease your mind to know that you won’t be forced to move out when you hear about the sale of the house. Oral agreements, like their written brethren, are protected by law. This means that the new owner must honor the terms of the oral agreement for the time the agreement lasts.
If all else fails, then the owner of the house is required by law to give you at least a 30-day notice of the sale of the house. This varies from state to state, so check with your city or state. If the situation doesn’t suit your circumstances, though, go ahead and secure a need help paying rent loan for a new place.
The circumstances leading to an eviction are scary and frustrating enough. To see that yellow notice taped to your door might seem like the end of the world as you know it. While it might seem that the law is on the landlord’s side, take heart. You have rights as well as resources that can help such as emergency eviction loans.
It’s surprising how many people are unaware of rental loans. Most people go to a bank, their human resources department at work, or they tap into their savings or 401k plan at work when they need emergency help paying rent. Another avenue to help is personal loans, although they can be labeled anything from auto loans to medical bill loans to a loans for rent.
Myra has written in a range of styles encompassing white papers, finance blogs, credit product descriptions, how-to manage finance pieces, professional articles for lawyers, finance experts, web designers and more. She has written for an equally wide range of clients on the topics of loans, personal finance development, credit reports and scores, taxes and many more.
Myra worked in a bank as a young person and has dealt with payment processors in the past few years in her financial services endeavors. She therefore understands how the system works.