Category : Tenant Eviction
Once the court has issued the eviction notice, it is usually the county sheriff or local law enforcement that will enforce the eviction action and escort the tenant and their belongings from the property.
The Omaha Herald reports that although reliable national statistics on residential evictions are not available, more and more Americans are being removed from their homes, apartments, and duplexes by law enforcement. Often the tenants are embarrassed and have no idea where to go once evicted.
In one Nebraska county, Deputy Parizek must carry out over 30 evictions a month, a small example of an alarming trend replicated across the country.
For more information about a tenant’s rights during the eviction process, read our article, What is an Eviction: Tenant’s Perspective?
It has been almost four years since Hurricane Katrina left thousands upon thousands of Americans homeless. Many of those homeless took up residence in FEMA’s temporary housing trailers. Years later, the remaining tenants are facing eviction from the government.
As part of the FEMA plan for eviction:
- FEMA will reclaim 4,600 trailers in Mississippi and Louisiana.
- Inhabitants have until May 30 to empty the trailers
- Those who don’t vacate by May 30 have been threatened with legal action
Unfortunately, many of the residents of FEMA trailers are elderly, sick, unemployed or unable to find affordable housing. The economic crisis will likely compound the issue, making it especially difficult for evicted tenants to find new housing.
Browse our library to learn more about eviction laws and your tenant rights.
When a tenant files for bankruptcy during an eviction proceeding, an automatic stay occurs and the eviction action is placed on hold.
This stay or hold continues until the bankruptcy court:
- Completes the bankruptcy process, or
- Lifts the stay and allows the eviction process to continue
The bankruptcy may discharge the rental arrears owing and can cancel the eviction action.
The stay, however, does not relieve the renter from the obligation to pay current rent and keep current with the rent payments. Failure to do so can place the tenant into another eviction process.
For more information on avoiding eviction proceedings, read As a Tenant, How to Avoid an Eviction.
One of the rights that a tenant has during eviction proceedings is to issue a Counter-Claim. The claim is usually made stating that the eviction is a retaliatory action based on the tenant reporting the landlord to a government agency about violations that the landlord has made regarding the tenancy.
A counter-claim may seek:
- Damages for violations of consumer protection laws
- Rent abatement due to problems with the residence
The rent abatement is asking the court to give credit for rent during the time period when the property had violations and/or was uninhabitable due to the problems not addressed by the landlord.
For more information about tenant rights during the eviction process, read Tenant Rights in Eviction Proceedings.
The laws of each state vary somewhat with regards to eviction proceedings. One aspect that is usually consistent is that each state requires some form of notification to the tenant regarding the end of the rental tenancy.
To find out what that notification should entail, the renter should contact a tenant rights attorney or visit their local housing authority. Many of the eviction rules and regulations for each state, county, or city can also be found online.
If a landlord tries to complete an eviction without proper notification and a court order, the tenant should contact a tenant rights lawyer right away.
For more information on tenant rights during an eviction, read Tenant Rights in Eviction Proceedings.
Though there are no uniform national statistics on eviction rates, individual states and communities are reporting steady and sharp increases in the number of enforced evictions.
As the economic crises and housing market troubles continue to grip the nation, more families are experiencing the stress and financial uncertainties of unemployment and the credit crunch.
A story in The Newport News about eviction rates in the Eastern Virginia community represents a microcosm of a trend that appears to be felt across the country. The newspaper reports that from July 2008 to January 2009, the local Sheriff’s Department served 5,730 eviction notices, an increase from 4,650 eviction notices in the previous time frame.
Similar increases are reported in New York City, Wisconsin and Omaha.
Browse our library to learn more about eviction laws and your tenant rights.
Eviction notices can cause an emotional response in tenants, leaving landlords on the defensive. If you need to remove the occupants of a rental property due to damage or unpaid rent, you may feel rightfully upset. Despite your frustration with the situation, avoid a clash that could harm your chances for a court settlement in your favor.
While you may wish to gain testimony from other tenants on the premises who can corroborate your evidence supporting an eviction, check with your real estate attorney first.
Personal investigations can cross friendship and landlord/tenant boundaries. You may find that other renters wish to testify against you, in favor of helping the accused tenant.
You think you have the perfect renter. They have been paying their rent on time for months. They let you know when things need to be fixed. They keep an eye on the property and inform you if anything seems out of the ordinary.
But your other tenants are starting to make comments and complaints to you about that renter. How do you know who to believe?
For more information about problem tenants, read What is a Problem Tenant?
Trying to remove a destructive tenant can lead to court squabbles. Often the accusation of failure to make repairs will be thrown back at the property owner, with the counter-claim that the owner, not the tenant, is at fault.
One way for landlords to avoid this charge is to be diligent about making requested and routine maintenance and repairs. Documenting the jobs can become persuasive evidence in court eviction hearings. Another legal tool is the lease itself. Owners can work with real estate attorneys to describe prohibited behavior, if legally applicable in their area. Breaking the condition may be considered a breach of the agreement by the tenant in court.
If you have questions regarding an eviction, complete our survey to get connected to a real estate or housing lawyer in your area.
A Tennessee wrongful eviction lawsuit exemplifies an extreme case of gross negligence and illegal procedure by a landlord in his quest to evict tenants from his rental property.
In the 2008 case, it was proven that the landlord committed a series of acts that qualified as wrongful eviction, including:
- Refusing to accept rental payment from the tenant.
- Failure to adequately notify tenant of eviction.
- Failure to secure a legal eviction.
- Evicting the tenant from the premises by forcefully removing the tenant’s personal property.
- Threats and intimidation of the tenant and family.
- Producing false documents, including a falsified eviction notice.
A jury awarded the tenants a monetary settlement of $860,000 for property and punitive damages.
To read more about tenant’s rights, please visit our library.
