Facing eviction can be overwhelming and stressful. Additionally, having an eviction on your record can affect your ability to obtain rental housing in the future. As such, it’s crucial to follow lease rules, pay rent on time, and maintain your rental to avoid potential issues with your landlord. However, it’s still important to know what steps to take if you’re being evicted. Today, we’ll go over how to know when you’re being evicted, the main reasons for eviction, and what to do after you’ve been evicted.
Contents of This Article:
How Do You Know When You’re Being Evicted?
If your landlord plans on evicting you, there are certain steps they must follow. They can’t just remove you from the property whenever they wish. So, as long as they follow the right steps and communicate with you, you’ll know when you’re being evicted.
Additionally, if you blatantly ignore the rules on the lease, cause significant damage, or refuse to pay rent, you can expect to get an eviction notice. In that case, landlords or rental property management companies in Northern Virginia will begin the eviction process.
First, your landlord may contact you to explain the issue or request rent and give you a chance to remedy the situation or leave the property. Typically, the notice period can vary from a few days to several weeks, depending on the reason for eviction. Then, they’ll have to follow the next steps to formally evict you from the property.
- Communication from Landlord- You may receive communication from your landlord, property manager, or a representative informing you of their intention to evict you or discussing issues that may lead to eviction.
- Court Summons- If the landlord decides to go through with a legal eviction, you’ll receive a court summons. The summons will outline the court hearing’s date, time, and location, where you and the landlord will present your arguments.
- Court Hearing- At the court hearing, the judge will listen to both sides and make a decision based on the evidence and applicable laws. If the court rules in favor of the landlord, they may issue an eviction order.
- Sheriff’s Notice- In some cases, the landlord or local authorities may post a notice on your door, typically called a “Sheriff’s Notice” or “Notice to Vacate.” This notice specifies the date and time by which you must leave the property, usually after a court-ordered eviction.
Tenant Rights During Eviction
If you receive notices or communication from your landlord about potential eviction, you’ll want to be aware of your rights as a tenant. For instance, if you believe the eviction is unjust or other circumstances affect the decision, seek legal advice to understand your options and protect your rights.
Remember that the eviction process can vary based on local laws and regulations. As such, it’s essential to familiarize yourself with the specfic eviction procedures in your area. Consulting with a local tenant advocacy group or legal aid organization can help you understand your rights and navigate the eviction process.
Main Reasons for Eviction from Your Rental
There are several reasons you may be evicted from your rental property. However, the specific cause can vary depending on local laws and rental agreements, but here are some of the main reasons:
- Non-Payment of Rent- Failure to pay rent on time is one of the most common reasons for eviction. If you consistently miss rent payments or fall behind, your landlord may initiate the eviction process.
- Major Lease Violations- Violating the terms of your lease agreement, like having unauthorized pets, subletting without permission, or engaging in illegal activities on the property, can lead to eviction.
- Expiration of Lease- If your lease has expired, and you haven’t renewed or negotiated a new agreement with your landlord, they may start the eviction process to regain possession of the property.
- Damage to the Property- If you cause significant damage to the rental property beyond normal wear and tear and fail to address the issue, your landlord may evict you.
- Illegal Activities- Engaging in illegal activities, like drug use or criminal behavior on the premises, can lead to eviction.
- Health and Safety Violations- Failing to maintain the property in a safe and habitable condition, or refusing to address health and safety concerns, may lead to eviction.
How Long Does the Eviction Process Take?
The duration of the eviction process can vary significantly depending on the jurisdiction. Additionally, it may depend on the reason for eviction and how speed of legal procedures. In general, the eviction process can take anywhere from a few weeks to several months.
How to Find Rental Housing After Facing Eviction
Finding rental housing after eviction can be challenging, but it’s not impossible. Regardless, if you know you’re being evicted, moving before your landlord begins the eviction process can be beneficial. After all, they may be willing to drop eviction proceedings if you agree to move out voluntarily.
If your landlord goes through with the eviction process, you’ll want to be honest when you apply for rental housing again.
Chances are, they’ll see it pop up during tenant screening anyway. Some landlords may be more understanding if you explain the circumstances of the previous eviction and show that you’ve taken steps to avoid similar issues in the future.
It may also help to gather references or offer a co-signer. References from previous landlords, employers, or other relevant individuals can vouch for your reliability and ability to meet rental obligations. Additionally, having a co-signer with a stable income and good credit can provide additional assurance to potential landlords.
Finally, you could always offer a larger deposit to help ease the landlord’s concerns about your past eviction. Otherwise, you depending on the jurisdiction and circumstances of the eviction, you may be able to petition the court to expunge the eviction record. If you’re successful with this process, it can improve your chances of finding rental housing in the future.
Can You Remove an Eviction From Your Record?
Usually, an eviction stays on your record for seven years. That said, finding rental housing with an eviction on your record can be challenging. However, you can do a few things to try and remove an eviction from your public record.
Although it depends on your state or local laws, here are some of the general steps you can take to try and get an eviction removed from your record.
- Pay Your Debts or Negotiate a Payment Plan
- Ask to Have Collections Removed from Your Credit Report
- Ask Your Landlord to Remove It From Tenant Screening Records
- Ensure the Changes Are Made
- Dispute Errors With Credit Bureaus or Tenant Screening Agencies
While it’s not guaranteed you’ll get an eviction removed from your public record, it might be worth a try–especially if you rely on rental housing.
Having Issues? Contact Bay Property Management Group
If you think you’re being evicted wrongfully, you’ll want to talk to someone about it. Start by following up with your landlord or property manager. They’ll likely give you a reason for starting the eviction process, in which you can defend yourself or offer to remedy the issue. If you’re unable to come up with a mutually beneficial resolution, you may need to seek legal help.
Evicting tenants is a long and costly process, which is why some landlords avoid it. However, despite the cost of removing a tenant, it’s sometimes necessary to keep a rental business afloat. If you’re having trouble finding qualified tenants for your rentals, you may want to consider working with a property management company.
A full-service team like Bay Property Management Group can help you market rentals, screen tenants, collect payments, and more. So, if you need help managing your properties near Baltimore, Philadelphia, Northern Virginia, or Washington, DC, contact BMG today.