Roger Carr, 75, a Vietnam era US Navy veteran, gestures as he tell his story of writing the wrong name on a money order to pay rent. Carr who is on a fixed income is facing eviction from his Neville Ave apartment in Akron on Wednesday Sept.2, 2020. [Mike Cardew/Beacon Journal]
The eviction process typically lasts weeks, and the process doesn’t always end in tenants having to move out. There are lots of opportunities for resolution along the way. If you are facing eviction, seek legal help and keep communicating with your landlord.
The first step in the eviction process is a three-day eviction notice, which is typically left on a tenant’s door. This does not mean you have to leave your home within three days — it means your landlord can file an eviction in court after those three days pass.
You can try to pay your rent within the three-day period, but your landlord is not required to accept it. An attorney can help you negotiate with your landlord.
If you have a written lease agreement, double-check its terms and share it with your attorney. If it includes a grace period for late payments, or if your landlord has routinely accepted late payments in the past, that may strengthen your case.
If your landlord files an eviction in court, you will receive notice of a court date in the mail at your current address.
If you are being evicted due to nonpayment of rent and you have lost income due to COVID-19, you might be eligible for protection under the Centers for Disease Control’s eviction moratorium. Talk to an attorney about whether you qualify. If you do, make sure to print and sign this declaration before your hearing.
You do not have to leave your home until the court has granted the eviction. If you choose to leave your home sooner, document the move-out process, including taking photos of the home before you leave and texting or emailing your landlord when you have returned your keys.
Moving out does not resolve an eviction case in court, though. Continue to work with an attorney as your court date approaches to see if the case can be resolved. If the court grants the eviction, unfortunately, future landlords may be less willing to rent to you.
On your court date, bring your signed CDC declaration form.
If the court grants the eviction, you will typically have around a week to move out of your home. Click here for more information about finding shelter.