Frequently Asked Questions
How long do I have before my landlord can evict me?
If you live in a community that has no covid-19 protections still in place, it could be a matter of days or weeks. The total amount of time may depend on the status of your local court system and your relationship with your landlord.
Tenants who have been behind on their rent for months or more, and who are already subject to eviction proceedings in court, should be particularly concerned because courts that resume eviction proceedings this week may act on those cases first.
Tenants who are in adversarial relationships with their landlords should also be concerned, as landlords often prioritize the removal of tenants they feel are not cooperating or who they think they can quickly replace with a tenant who can pay more in rent. Experts say this is more likely to occur in hot housing markets.
What are my rights as a renter?
In most cases, your rights will return to what they were before the pandemic, with some exceptions for renters who are still struggling economically due to the pandemic.
Tenants of single-family homes financed by the federal government, specifically the departments of Housing and Urban Development, Agriculture, and Veterans Affairs, are still protected through Sept. 30 thanks to a Thursday announcement from the Biden administration.
Tenants in nine states and D.C. will still have some covid protections that run into August. They are: California, Hawaii, Illinois, Maryland, Minnesota, New Jersey, New York, Oregon and Washington. Some states and counties have their own eviction bans so definitely check with your local government if you are facing eviction for nonpayment.
Can my landlord just kick me out now?
No, landlords have to operate by the rules as they were before the pandemic. If they are pursuing eviction proceedings against you, they must legally notify you that you are in breach of your lease or in default and pursue eviction in court.
What should I do if my landlord tries to illegally lock me out of my rental?
Your landlord cannot just put you out of your place. This does not mean the landlord might not try or threaten you, or even take illegal action. But absent a court-sanctioned eviction, the landlord cannot prevent access to the apartment or home. The locks cannot be changed or your personal property removed. Your utilities also cannot be shut off.
If your landlord is trying to illegally evict you, contact the local courthouse and file a complaint. You should also call the police and be clear that you are calling about an illegal lockout.
Can I negotiate with my landlord to avoid eviction and catch up on the past-due rent?
Even if you cannot afford to pay your rent, you should stay in constant contact with your landlord. Some owners are willing to work with tenants, others are not. Still, it is always worth the effort to negotiate.
There are tenants who likely will not get any help because they stopped paying rent even though they could have afforded to stay current. Some landlords have complained that tenants who did not have a job loss took advantage of the eviction moratorium. In such cases, renters may not have the option to negotiate to catch up on past-due rent.
However, if your financial situation is still precarious, try to negotiate to make a partial payment. If things are better financially, you could ask for a payment plan in which you are allowed to spread out the back rent and fees, which would be added to the monthly amount.
To reduce how much you owe, ask your landlord if late fees for penalties could be waived. You might also ask that any security deposits you paid in advance be used toward catching up.
What bills should I pay if I can’t afford all my expenses?
The top budget priorities when your money is extremely limited would be food, housing and utilities. If your funds are limited, your only choice is to focus on the basic necessities. If you cannot pay every creditor, call and see if you can pause in making those payments. For example, call your credit card company and ask for a payment plan so that you can free that money up to pay your rent.
Where can I find help to make my rental payment?
One source to help you figure out options is a nonprofit housing counseling agency, one that is approved by the Department of Housing and Urban Development (HUD). HUD-approved housing agencies can assist in helping your find options to avoid an eviction. At hud.gov click on the link for “Rental Assistance.” You will see a link to contact a housing counseling agency or call toll-free 800-569-4287.
The Treasury Department has put together a list of websites of Emergency Rental Assistance (ERA) programs that help tenants and landlords find assistance. At treasury.gov search for “Find rental assistance.” Look for the section that will take you to a drop-down menu to find an ERA program in your state.
If you are having trouble navigating the various websites, you can call 211, and in many states, be connected to a specialist who can help you find a local agency or community organization to help with your housing needs.
The good news is that billions of dollars are being given to renters with low incomes who have unpaid rent due to the pandemic and who meet other criteria. In some places, the money is given directly to landlords to compensate for rent missed by their tenants. In other places, landlords and tenants must reach an agreement on a payment plan to receive funds.
Whether rental assistance is available to you may depend largely on a) where you live and b) whether you qualify. A list of more than 400 organizations handing out assistance is compiled here by the National Low Income Housing Coalition. Some of the programs are not yet up and running, unfortunately.
Others have stopped accepting applications temporarily because of overwhelming demand. The list can help tenants determine whether to apply through their state, county or city. Community legal aid groups or tenants’ advocates can often help as well.
To be eligible, renters must at a minimum be able to attest that they have lost income due to the pandemic and would be at risk of homelessness if they are evicted. Your state and local governments may have additional requirements. Some places have more strict income limits. Some provide funding to undocumented renters. Others do not.
Did the eviction moratorium mean my past-due rent was forgiven?
No. The federal eviction ban prevented courts from processing certain eviction cases but it did not cancel rent. Now that the ban is over, courts in many parts of the country are going to begin evictions again.
In most parts of the country, landlords who wish to pursue cases against their tenants will again be able to do so.
What should I do if I receive an eviction notice?
The one thing you should not do is ignore the notice. Show up for the hearing, and plead your case.
You should also contact the nonprofit Legal Services Corp. at lsc.gov, which can help you find a local legal aid organization. Click on the link that says, “Get Legal Help.”
If you are ordered to leave the property, do not wait until the eviction date to start looking for other housing arrangements or removing your household items.
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