How Long Does it Take to Get Evicted for Not Paying Rent?

Paying rent is a reality for millions of people every month. Some have no trouble keeping up with rent payments. Others struggle each month to come up with the payments they need to make. For those that have trouble paying rent, it may be easy to fall behind and can end up facing eviction. Knowing a thing or two about eviction rights, and ways to get help paying rent can help you to stay out of trouble and avoid eviction.

How Soon Can You Be Evicted for Not Paying Rent?

When it comes to eviction and getting evicted for not paying rent, there are a few basics that everyone should know. Your landlord cannot simply tell you to leave without notice because you have not paid rent. There are steps that must be taken in order to legally evict someone that has not paid rent. First and foremost, he must notify you in writing that you have not paid rent. He then gives you a certain amount of time to pay or face eviction for not paying rent.

Generally, your landlord will give you a specified amount of time to either pay the rent you owe, come to an agreement about rent payment, or to leave the premises. In most cases eviction take about a month. Although, you need read below regarding your rights to see exactly what needs to take place during this time period. It’s not easy to evict someone. It depends on the agreement in your lease and the specific eviction process that your landlord adheres to.

How Eviction Works

Clipboard in hands businessman write legal documentsThe eviction process starts first with a written notice. It outlines why the tenant is getting evicted, if there are any ways that the eviction can be avoided. It also includes what need to be done to rectify the situation. Your landlord can send a notice of eviction for a variety of things. The most common is violation of terms of the rental agreement. Another common cause for eviction is being evicted for not paying rent.

If your landlord gives you an unconditional quit notice the renter has no chance to pay rent or rectify the situation and must vacate the premises immediately. These are only filed when the tenant has repeatedly violated the rental terms. It can also be filed for having been late on rent on more than one occasion. Other reasons might be having been engaged in illegal activity or having damaged the premises greatly.

The first step is always going to be a notice of eviction. If you are given the chance to repay rent you can. You can also be given the chance to repair or replace what has been broken. In some cases, you will be given terms that can be met in order for you to stay in the rental unit. In other cases, you may not be given any terms to meet and you will be asked to leave immediately. After the landlord has provided a notice of eviction, you can either meet the conditions of the notice, or sue to counter the eviction notice.

What Should I Do if My Landlord is Trying to Evict Me?

If your landlord is trying to evict you there are a few things that you can do. You wish to leave the premises and are not planning on staying and have received a notice of being evicted for not paying rent you can always work to settle with the landlord. In some cases you can settle for less than what you owe and can leave the rental unit without having to worry too much.

If you want to stay you can always meet the conditions of the eviction notice and stay in the rental unit. This might mean repaying rent or repairing things that have been damaged. You can always do that and continue to stay in the rental property. However, if you wish to stay but cannot afford to pay rent all at once, you also have a few options.

You can often talk with your landlord, providing that you have not had to work out a payment plan before. Talk with them about a repayment plan that you can actually keep to. This might be a plan that allows you to pay a little extra each month.

A landlord that allows you to pay sums that the landlord has agreed upon, or that allows you to get a rent loan or other lump sum to pay off the rental balance. Being evicted for not paying rent always leads you to exploring your options.

Eviction Notice Document and toy house on table.

Focus on a Plan and Budget

If you do come to an agreement with your landlord for a repayment plan you always ask for the agreement to be written. This will protect you. Mainly if the landlord decides to go back on their agreement and decides to evict you again. You should also take the time build a budget for rent so you don’t end up in the same situation after you’ve fulfilled the repayment plan.

What are My Eviction Rights?

You do have some rights when it comes to eviction. Even with notices that require you leave and have no way of working out the ability to stay. First, your landlord must provide you with a written notice of eviction. You cannot be evicted without a written notice to tell you why you are being evicted. There are a few different types of notices that you can get based on your eviction.

There is first a 3 day notice to pay or vacate notice. These give you three days to pay before you are required by law to leave.

You may also get a 3-day notice for waste or nuisance. It is then about things like trash on your property or being too loud or annoying to other neighbors.

You may also get a 10-day notice to comply with terms or vacate. This means that you have ten days to meet your rental agreement. That includes the number of people that are living in the home, the number of pets, etc. It also includes repairing things that are destroyed in the home.

There are also no cause notices that allow the tenant 20-days to leave no matter what.

Your landlord has to talk to you about the notice. He must let you know why you are being evicted. You also have the right to challenge the eviction if you choose to. In some cases you can sue your landlord over the eviction. This is part of what you can do to stay on the premises or to get rid of the eviction off your record.

Can You Be Evicted if You Pay Partial Rent?

When it comes to being evicted for not paying rent you may be able to reach a partial payment agreement. It truly does depend on the landlord as to whether or not they are going to evict you for not paying rent. In most cases, landlords will accept partial payments under a few different circumstances. They may accept a partial payment if:

  • It is the first time that you have not been able to pay your rent fully.
  • If you have a partial payment agreement that you have already worked out.
  • If they trust you to pay the remainder of the rent.

Partial payments are a good way if you cannot pay the full rent. Keep in mind that you landlord needs to give his agreement to these partial payments. There are not really any laws that regulate partial payments and they are at the full discretion of the landlord that is accepting the partial payment.

What Should You Do When You Can’t Pay Rent?

Being afraid because you may get evicted for not paying rent, you should first and foremost talk with your landlord. Doing it before you get to the point that your rent is late. Being a good tenant and having paid on time up to this point, your landlord may help you work out a payment plan. He might also help you to get through it until you can pay. Your landlord may allow you to pay later, or to make a partial payment. He could also allow you to set up a payment plan to avoid being evicted for not paying rent.

If you cannot pay your rent on time it is always best to talk with your landlord. It can help you see what you can do to get your payment back on track. It is always best to make sure you discuss your options before you just miss a rent payment. You should also talk with your landlord about what your lease says. There are ways to save on rent and some landlords surprisingly are willing to help. Otherwise, cut your monthly cost anyway you can. There might be some clause that relates directly to late rent payment you may be able to make.

How Can You Get Help Paying for Rent?

If you are having trouble paying rent and fear being evicted for not paying rent you can always contact a few different agencies. That may help you pay. Your state may have individual programs that help pay rent once a year if you are not able to make your rent payment.

Some federal programs are in place to help with emergency rent payment. They help keep you in your home. You can also consider getting a roommate. Cutting costs in other areas or asking relatives to help are also good solutions.

You can also do a quick internet search. It might help you find out if there are any websites to help you pay your rent. You want to look for sites that say org or gov to prove that they are legitimate sites. On top of that, you may be able to go to your local housing authority. Check if there are any local charities that help with rent. You may also be able to visit local churches and food banks for help with rent. You are not likely to get your full rent payment but you may be able to get a few hundred dollars toward your rent payment.

Can I Get a Loan to Pay Rent?

As a last resort if you are afraid of getting evicted for not paying rent you can take out emergency or pay day loans to help pay your rent. Loans to pay rent are not something that you should do every month. However, they are helpful if you are struggling one month. You can get emergency loans for rent from several different lending agencies. The most common is going to be payday lenders or cash advance lenders. These loans need to be paid back as quickly as possible to help prevent getting further into debt.

You may also be able to get a personal loan for rent from your bank to help pay for your rent until you can pay it on your own. Personal loans are going to be a bit more flexible than other loan types and may be better for your credit than something like a payday or cash advance loan. Personal loans are a great way to get the money you need without wrecking your credit.

In Conclusion

Paying rent is something that is difficult for many people to meet each month. There is hope however for those that need help paying rent. Taking time to talk with your landlord may be all you have to do to get your rent settled and to get your issues resolved. Paying rent should not be something that scares you or gives you anxiety, with the right loan options you can get your rent caught up and can get back to living without fear of being evicted for not paying rent.


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