Let’s discover 12 ways to stop an eviction
(plus some bonuses)
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YES – It Is Possible To Stop an Eviction
As I was thinking about how it was possible to stop an eviction. I started to ask questions.
- Is it possible to stop an eviction? (yes)
- How would I do it?
- How many ways to stop an eviction is there?
- Which way is best to stop an eviction? (this one depends upon your situation)
So, lets get to it.
The 12 Methods To Stop an Eviction
- Pay the landlord in fullIf you are being evicted for non-payment of rent, you do have options. There is an in-depth article on this topic here: Do You Need Help Paying Rent ASAP
Pay the landlord in part
Many landlords will stop an eviction if you do have some money to pay them. Even 1/3 of the rent will get some landlords to stop an eviction proceeding for 1/3 of a month.
That time is critical. Those 10 days may be helpful in coming up with the rent in full, such as when you are just waiting on a paycheck Friday.
When you moved into the rental unit, there was a 1st months rent and security deposit that was paid. You paid 1 month ahead, not behind. And some landlords collect the last month’s rent as well. So sometimes, there is plenty of time to get moving with a partial payment to help stop the eviction.
Promise to pay the landlord soon
This is classic, but it works. Often if the renter is up-front with the landlord about the problem, and there is a solution in the near horizon, the landlord will wait several days or weeks before starting the eviction process.
Remember the landlord just wants someone paying rent in their rental unit. They really don’t want to bear the costs of the eviction. So, if the renter is sincere about a solution to the problem, that may buy some time.
Hire a lawyer to stop the eviction
Lawyers are expensive. But, they do have a good handle on the law. Sometimes a lawyer is needed. Getting a lawyer may be the best option if your case is complicated.
If you need a lawyer, contact us and we can set you up with a local lawyer for legal advice for just a few dollars. (Yes – you read that right)
Use a Stop Eviction Service
In major cities, there are local offline services that help people stop evictions. They may even contact you through the mail. Its usually a few hundred dollars to stop your eviction for 30 days or more. That is not bad when you pay much more in rent for 30 days.
If you don’t live in a major city OR don’t have these offline stop eviction services in your area, then you can use an online stop eviction place. Usually they are less expensive than the offline places, because of less overhead.
File Chapter 7 Bankruptcy
This works in all 50 States before the Judgment of Eviction has been rendered by a judge. It is possible to file Chapter 7 Bankruptcy after the judgment of eviction in only a handful of states. I will be writing an article on “how to stop eviction after court order” on this blog soon.
There are multiple methods to file the chapter 7 bankruptcy: use a lawyer (around $1200 total), use an online bankruptcy service (around $250), use bankruptcy software (around $99).
Remember the purpose of this bankruptcy is to stop an eviction. If you go through with the actual bankruptcy, that is up to you.
File Chapter 13 Bankruptcy
Many lawyers don’t use Chapter 13 bankruptcy to stop evictions. But it is possible to use one for a short period of about 30 days to stop an eviction. After that the payment plan of the Chapter 13 would start to kick in.
Yet….the automatic stay of the bankruptcy is still in place.
So, it is possible to start paying rent again and continue to remain in the rental unit.Special Note: It is also possible to layer a Chapter 7 Bankruptcy and Chapter 13 Bankruptcy for even more time. (Remember – this blog does not offer legal advice. If you need legal advice, please see a lawyer. Contact us and we can put you in contact with a local lawyer inexpensively.)
File the forms yourself to stop your eviction
I have heard of people doing this. However, it depends upon your personal knowledge of the county court system. If you are not comfortable with the local courts, then using one of the methods above would be preferable.
Move and save your rent money to use as a deposit on your next place
(this is not a stop eviction concept, but an alternative concept) Many times when a landlord is evicting a tenant, no amount of money will save the day. So, it sometimes is best to simply move quickly and get a new place.
Look on Craigslist and the local penny-papers to find local non-professional landlords to rent from. They will usually be houses, instead of apartments, but often times there is no credit report check. Nice.
Fight the eviction for non-payment of rent
This is based upon something that the landlord was to do. Such as fix the leaking pipes, holes in the ceiling, mice infestation, major appliance not working, or electrical problem, etc.
“Withholding rent” is the concept. Note: most states do allow this “withholding rent” scenario. See your state code. But remember, not 100% of states allow this.
Fix the reason for eviction in the landlord demand letter
Before a court eviction can begin, there is always a landlord demand letter. Usually this is called the “pay or quit” letter, or a “notice to vacate”. There should be a reason for eviction spelled-out in the landlord demand letter.
If you are being evicted for pets, drugs, extra people in rental unit, or loud music…etc, then you can usually cure the problem by taking action to change that breach in the rental agreement.
Fight the eviction
When you have proof the lease wasn’t broken, you can present that evidence to a judge. Thus, a court fight with evidence displayed from both sides. Make sure you have documented evidence for your side of the case.
I have seen eviction cases where the tenant paid the rent normally using money orders (or cash). Yet the landlord claims the rent was not paid and doesn’t issue a receipt. This is a catch 22.
The judge may see that as a scheming landlord trying to get more money from the tenant if the money orders were cashed. There may be actual damages beyond just the rent money.
(BONUS) Call the local housing authority on the landlord
The landlord will not like you if you choose to do this method. But, often times there is something legitimate to complain about to the local housing authority.
Big cities have these housing authorities. Not every city has them. But, they can be useful for enforcing a “withholding rent” situation.
The list above will get you a long way toward stopping your eviction. There are over 12 ways to stop an eviction.
Choose your method and go for it.