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
