What is an eviction?
In short, an eviction is a situation when your landlord asks you to leave the apartment, most often due to not paying your rent.
An eviction is the heartbreaking consequence of a leaseholder breaking one or more of the leasing terms and not correcting the situation. Ultimately, an eviction means that the landlord is legally removing a tenant from the apartment or rental property.
- Reasons for eviction include nonpayment of rent, damages, illegal activity, violating the terms of a lease, or if the landlord wishes to take possession of the property.
Eviction usually occur when the tenant stops paying rent, when the terms of the rental agreement are breached, or in other situations permitted by law. Additionally, an eviction can be initiated if a renter has violated another leasing term and fails to rectify the situation.
- The most common eviction is initiated when a leaseholder does not pay their rent on time.
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<img src="https://s3-us-west-2.amazonaws.com/secure.notion-static.com/43957ad6-0457-44d9-b0c7-ae1655b211fb/Green_Logo2.png" alt="https://s3-us-west-2.amazonaws.com/secure.notion-static.com/43957ad6-0457-44d9-b0c7-ae1655b211fb/Green_Logo2.png" width="40px" /> Lighthouse Tips For Evictions
- Find a good landlord or property manager that will work with your situation
- Offer to prepay rent, or get a co-signer
- Find a roommate
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What is the eviction process?
When a renter is late with their rent payment, they will be given an eviction notice.
- The eviction notice states when the rent owed must be paid to avoid an official eviction.
- If you are given an eviction notice, you can also consult with an eviction lawyer to make sure your rights will not be violated. A landlord cannot force you out of the apartment or change the locks. An eviction must be handled by a Texas Justice of Peace.
- The notice is for the tenant to take action by fixing the issue or to leaving the property within a set amount of days.
- If the tenant doesn’t take care of the problem or doesn’t vacate the property, then the landlord can pursue an eviction by filing it through a court of law.
- The lawsuit filed through the court may include all the unpaid rent, court fees and the attorney fees.
- Eviction processes can take 2-3 months to complete.
- Once the lawsuit for an eviction is won in the favor of the apartment management company or the private landlord, the tenant must immediately vacate the property, and the landlord can legally regain possession of the apartment or rental property.
- If the tenant doesn’t vacate the property, then the landlord can give the court order to the local County Sheriff’s office to have the sheriff ensure the tenant vacates the property.
Basic rules for evictions
- A landlord is not allowed to change the locks or even turn off the electricity to get a tenant to vacate the apartment. It is against the law. A landlord must initiate an eviction with an eviction notice and let the eviction be handled in a court of law.
- A landlord cannot discriminate against anyone. This means someone cannot be evicted because of their race, sex, religion, familial status, sexual preference, physical or mental impairment, or if receiving welfare.
How do evictions affect you?
Evictions can have lasting effects on you including emotional and financial stress. Evictions can leave you feeling down and hopeless. Evictions will have horrendous effects on your credit and make it difficult to find new housing. Evictions are public records that stay on your credit report and rental history report for 7 years. After an eviction you may have to move with family, friends, or a shelter.
What are my approval odds with an eviction?
Remains on the credit report and Rental History Report for 7 years.
If your eviction is 1 -2 years old:
- There are a few properties that will accept current evictions that are less than 1 year old, but will likely charge 2 month’s rent as a deposit plus the first month’s rent payment or at least 2 times the standard deposit. These properties are more accommodating, but rarer.