What To Do If You Are Facing Eviction

What to do if you are facing eviction

Eviction protections are expiring across the United States and Canada right now, and millions of people are suddenly finding themselves facing eviction with a pandemic still raging and the start of winter just around the corner. 

Not knowing where you’re going to live next month is an unbelievably scary position to be in, and there are a lot of people out there who are facing this for the first time in their lives. It’s okay to be scared. But it’s also important to start taking steps to deal with this as soon as you realize that might be at risk of eviction. 

As someone who has worked in homelessness and housing advocacy my whole career, here’s what I recommend you do:

Do not leave your home. Many landlords count on their tenants not knowing or understanding their rights, and take advantage of that to try to illegally evict them without following proper procedure. I have seen landlords attempt some flagrantly illegal things during my time working with vulnerable people. Many landlords have been ignoring and violating eviction moratoriums during this pandemic. Don’t fall for it. There is a legal process that has to be followed to evict you, even if your name isn’t on the lease - your landlord cannot simply slip a note under your door ordering you out by the end of the week, no matter what they tell you. Do not leave your home until a judge orders you to do so. You may have a better shot in court than you think you do, and seeing the court process to the very end buys you valuable time to figure out your next move. 

Get a lawyer. Many legal aid societies and law school legal clinics offer free legal assistance for people facing eviction. Having a lawyer can make an enormous difference - one study found that people without lawyers were evicted 65% of the time, compared to just 15% of people who had legal representation. Start calling and contacting legal aid services as soon as your landlord threatens or files eviction - these services often only do intake for new clients on certain days, so it’s a good idea to research these services ahead of time. 

Understand your rights. The protections you have under the law depend on where you live - it’s critical that you take the time to educate yourself about what those protections are. Your area will likely have a Residential Tenancies Act, a Tenant Act, or something along those lines. Look online for information specific to your area. There may also be special protections and procedures in place because of the pandemic. If you live in NYC, for instance, you have a right to free legal counsel if you are facing eviction. Find out what protections you have in your area.

Contact resources in your area. Again, depending on where you live, there are different resources available. There may be a tenant support agency that can connect you to free legal resources directly. You might be eligible for unemployment benefits or emergency income. Your state or city might also have emergency funding or eviction prevention programs in place. NYC, for instance, offers “one shot deal” emergency grants that cover rental arrears for people who are facing eviction due to unexpected crises. You should also look at emergency housing options, community food banks, or other resources that can help you survive this situation. In many cities you can call 211 or 311 to learn more or about resources, or you can go online. 

Attend your eviction hearing. Once you are given a date and time for your eviction hearing, it is critical that you attend. Even if you have not paid rent in several months and you think your case is hopeless, you absolutely must show up for this hearing. If you don’t attend, you will lose by default - if you attend, you may be successful in winning leniency, the opportunity to pay back rent with a payment plan and avoid eviction, or even just a few weeks’ extension on the eviction date so you have more time to come up with a plan. Attend your hearing. 

Have a back-up plan. Even with legal aid resources on your side, you have to prepare for the possibility that you might not be able to fight your eviction. Buy yourself as much time as you can, and use that time to start researching possible options. Is there a cheaper room for rent that you can afford with your unemployment benefits? Do you know anyone you can stay with? Are there any housing non-profits in your area that can help? Do you have any leads on employment in the future? Explore your options, and remember that it’s okay to ask for help right now - people in your life can’t help you unless you tell them that you’re struggling. 

Call your representatives. You are not the only person suffering as a result of expiring COVID protections - your elected officials need to know that letting these programs expire is having serious, dire consequences for real people that they represent. Call everyone. Call the office of your congressman, call your MP, call your state senator, your MLA, your local city counsellors. Tell your story, and make as much noise as you can. It doesn’t guarantee that anything will be done, of course, but it makes the problem harder for your elected officials to ignore.

Important Resources for Americans: LawHelp.org - website for learning more about local laws and finding free legal aid in your area  JustShelter - a database of community resources available to people facing eviction (might not include all emergency pandemic programs) Eviction Moratorium Database - a database showing where evictions have been legally paused or restricted because of the pandemic National Evictions Database - a database where you can look up what the legal eviction process is supposed to look like in your state  Tenant’s Union Resources - a website where you can find information for the tenant’s union or pro-tenant organizations in your area  Legal Services - a federal non-profit that helps connect low-income households to legal resources for fighting eviction 

Fannie Mae Renters Resource Finder - a database that will tell you if your rental unit is federally financed, and show you resources to fight eviction accordingly  Freddie Mac Renters Resource Finder - another website to show you if your rental property is federally backed and connect you to resources

Eviction Lab - a website that outlines information about pandemic eviction moratoriums and restrictions currently in place in your state The National Housing Law Project - a comprehensive database of resources for people facing eviction or foreclosure  Important Resources for Canadians: The Canada Mortgage and Housing Corporation - up-to-date information about eviction moratoriums in each province and territory  Affordable Housing Programs Across Canada - information on affordable housing programs in each province and territory Western Law Eviction Information - a website outlining the eviction process in Ontario and what you need to do to fight it Community Legal Education Ontario - a website that shows the proper procedure for eviction in detail and outlines steps that can be taken to fight it  Nova Scotia Legal Residential Tenancy Law Resources - detailed information about the eviction process in Nova Scotia and how to fight it Centre for Public Legal Education Alberta - resources and information for renters facing eviction in Alberta  BC Housing - information and resources for tenants facing difficulties in British Columbia  Saskatchewan Office of Residential Tenancies - information for tenants facing difficulties in Saskatchewan  Tribunal Administratif du Logement - resources and information for tenants living in Quebec. Available in both English and French. 

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I want to live by myself when I move out of my parent's place but I'm really afraid of money problems? I'm afraid that the only place I can afford will be in the ghetto and it'll all be torn apart and I'll only be allowed to eat one granola bar a week. I'm really stressing out about this. I don't know anything about after school life. I don't know anything about paying bills or how to buy an apartment and it's really scaring me. is there anything you know that can help me?

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easy ways to cut your spending

selecting the right tires for your car

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coping with a job you hate

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what’s the deal with retirement?

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Once you’ve looked over all those cool links, I have some general advice for you on how you can have some sort of support system going for you:

Reasons to move out of home

You may decide to leave home for many different reasons, including:

wishing to live independently

location difficulties – for example, the need to move closer to university

conflict with your parents

being asked to leave by your parents.

Issues to consider when moving out of home

It’s common to be a little unsure when you make a decision like leaving home. You may choose to move, but find that you face problems you didn’t anticipate, such as:

Unreadiness – you may find you are not quite ready to handle all the responsibilities.

Money worries – bills including rent, utilities like gas and electricity and the cost of groceries may catch you by surprise, especially if you are used to your parents providing for everything. Debt may become an issue.

Flatmate problems – issues such as paying bills on time, sharing housework equally, friends who never pay board, but stay anyway, and lifestyle incompatibilities (such as a non-drug-user flatting with a drug user) may result in hostilities and arguments.

Your parents may be worried

Think about how your parents may be feeling and talk with them if they are worried about you. Most parents want their children to be happy and independent, but they might be concerned about a lot of different things. For example:

They may worry that you are not ready.

They may be sad because they will miss you.

They may think you shouldn’t leave home until you are married or have bought a house.

They may be concerned about the people you have chosen to live with.

Reassure your parents that you will keep in touch and visit regularly. Try to leave on a positive note. Hopefully, they are happy about your plans and support your decision.

Tips for a successful move

Tips include:

Don’t make a rash decision – consider the situation carefully. Are you ready to live independently? Do you make enough money to support yourself? Are you moving out for the right reasons?

Draw up a realistic budget – don’t forget to include ‘hidden’ expenses such as the property’s security deposit or bond (usually four weeks’ rent), connection fees for utilities, and home and contents insurance.

Communicate – avoid misunderstandings, hostilities and arguments by talking openly and respectfully about your concerns with flatmates and parents. Make sure you’re open to their point of view too – getting along is a two-way street.

Keep in touch – talk to your parents about regular home visits: for example, having Sunday night dinner together every week.

Work out acceptable behaviour – if your parents don’t like your flatmate(s), find out why. It is usually the behaviour rather than the person that causes offence (for example, swearing or smoking). Out of respect for your parents, ask your flatmate(s) to be on their best behaviour when your parents visit and do the same for them.

Ask for help – if things are becoming difficult, don’t be too proud to ask your parents for help. They have a lot of life experience.

If your family home does not provide support

Not everyone who leaves home can return home or ask their parents for help in times of trouble. If you have been thrown out of home or left home to escape abuse or conflict, you may be too young or unprepared to cope.

If you are a fostered child, you will have to leave the state-care system when you turn 18, but you may not be ready to make the sudden transition to independence.

If you need support, help is available from a range of community and government organisations. Assistance includes emergency accommodation and food vouchers. If you can’t call your parents or foster parents, call one of the associations below for information, advice and assistance.

Where to get help

Your doctor

Kids Helpline Tel. 1800 55 1800

Lifeline Tel. 13 11 44

Home Ground Services Tel. 1800 048 325

Relationships Australia Tel. 1300 364 277

Centrelink Crisis or Special Help Tel. 13 28 50

Tenants Union of Victoria Tel. (03) 9416 2577

Things to remember

Try to solve any problems before you leave home. Don’t leave because of a fight or other family difficulty if you can possibly avoid it.

Draw up a realistic budget that includes ‘hidden’ expenses, such as bond, connection fees for utilities, and home and contents insurance.

Remember that you can get help from a range of community and government organizations. 

(source)

Keep me updated? xx

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he-who-devours-book - He Who Has A Main Blog
He Who Has A Main Blog

This blogs really only a reference for posts I could find useful, if you want personality you’ve come to the wrong place… call me Arc or Dawn. They/He. 21. For personality visit @he-who-reads-until-dawn

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