Rentwise! Chapter Four -- Eviction

Whatever you do . . . DON'T GET EVICTED!

It's expensive . . . it's traumatic . . . and the consequences can haunt you for years.

Here's a typical situation: Al is late with rent—again. Landlord, who depends on rental payments to make his mortgage payment, gives a 30-day notice to move out. Instead of packing up his stuff and finding friends to stay with, Al goes into a state of "denial" thinking it will go away like a bad dream.

Thirty days pass. Al's still there and owes another month's rent. Landlord files suit to repossess the unit and recover what he owes. On court day, the Judge asks Al to pay $8oo in back rent, $80 late fees, and $300 for the landlord's court and attorney fees. Al doesn't have the $1180, of course, so it is reported to the credit bureau, a red flag to all future landlords that Al is "a bad tenant."

Ten days later the landlord and sheriff show up and throw Al's stuff in the street. Passers-by hover like vultures when they spot his c.d.s and glad rags in the gutter.

The landlord goes back to court to garnishee Al's wages and he's fired as a result.

Yes, it's a real sad story . . . and it happens every day.

THE EVICTION PROCESS

Because of competition for affordable rentals, the trend in the last few years has been to evict quickly. The landlord knows he can easily re-rent the unit. If you can't fulfill the conditions of your lease, don't expect the landlord to be as lenient as in the past.

TENANT TIP: Do all in your power to avoid eviction! Keep an extra month's rent stashed in a safe place for emergencies. If you know rent will be late, communicate early! You might offer a partial payment along with a Promissory Note stating the exact date(s) you intend to pay the rest. If you're lucky, your landlord may delay filing a Detainer Warrant. Then pay as promised or you're history!

The 4-step process described below usually begins when the tenant fails to pay rent on time or breaks some other provision in the lease or rules. All landlords in the Hamilton County must follow these steps! Usually the best thing is to get out within 30 days and avoid some of the attorney fees. Put your stuff in storage and move in with friends or relatives until you can get back on your feet. City or County Human Services might pay one month's rent if you prove you can pay the following month.

During the eviction process the landlord cannot:

• Lock you out
• Cut off utilities
• Remove appliances
• Throw you or your stuff out
• Threaten to harm your person or possessions

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