Get an instant movers quote on HireAHelper.com →

How To Avoid an Eviction: Eviction and Foreclosure Help Guide

Author:

Publish Date:

Last Modified Date:

Category: Buying & Selling a Home, Movehacks

Tags: Tags: , , , , , , , , , , , , , , , , , ,

Americans forced to relocate due to evictions and foreclosures went up 56% from 2021 to 2022, according to HireAHelper’s latest migration report. Unfortunately, that increase comes as no surprise, considering that federal legislation banning eviction during the pandemic expired in 2021.

That surge in eviction filings continues to affect households: A U.S. Census Bureau survey showed that as recently as February 2023, 40% of respondents felt they were at risk of eviction in the next eight months.

If you feel you might be at risk, here’s everything you need to know about how to avoid an eviction — or if you own your home, how to avoid a foreclosure.

How Does the Government Define “Eviction”?

eviction

An eviction is a process by which a landlord is legally enabled to force a tenant to leave a rental property.

This differs from…

…a foreclosure, which is when a money lender seizes a property from the homeowner because they have fallen behind on their mortgage payments.

What happens when you go through the eviction process

The laws governing evictions and foreclosures vary by state, and the timelines and legal processes vary on a case-by-case basis. But as a general overview, here’s what the eviction process typically looks like:

  • You will receive an eviction notice (this is both mailed and posted on the property)
  • You have 30 days to respond by either vacating and/or paying any outstanding fees (such as overdue rent)
  • If you don’t pay your overdue fees and/or vacate, the landlord will likely file a complaint with the court
  • You’ll be officially notified of the date that you’ll need to appear in court
  • At your court appearance, you’ll be able to make a case as to why you shouldn’t be evicted
  • A judge will make a ruling on your case (you might be court-ordered to pay your fees and/or vacate; if you fail to do so, law enforcement can get involved to uphold the judge’s ruling; or you might win your case, in which case the eviction notice will be voided and removed)

 


“A U.S. Census Bureau survey showed that as recently as February 2023, 40% of respondents felt they were at risk of eviction in the next eight months.”

 

 

What happens when you go through the foreclosure process

Meanwhile, the foreclosure process can be a little more varied, but often looks like the following:

  • You might begin accruing late fees just days after you miss a payment on your mortgage
  • 30 days after a missed mortgage payment, a borrower (aka homeowner) is considered “in default” of their payments (at this time, it’s important to reach out to the bank or lender and attempt to communicate any hardships or make arrangements to avoid further penalties)
  • Approximately 3-6 months following a missed mortgage payment, lenders can begin the foreclosure process. 
  • Accessable also to the public, you will receive a notice of foreclosure which will outline whether the foreclosure type is judicial, power of sale, or a strict foreclosure (the foreclosure type dictates the timeline, options, and proceedings for the homeowner)

See prices for movers by the hour – instantly.

Read real customer reviews.

Easily book your help online.

 

Your Renter’s Rights and Homeowner’s Rights

renters rights

While it’s a great idea for tenants and property owners to get legal counsel if they face an eviction or foreclosure, it also helps to get educated on your rights as a tenant.

Renter Rights

“Renters rights” refers to a broad set of protections for tenants. They help prevent landlords from evicting tenants anytime they simply want to, specifically without cause. While you should study up on local tenant rights in your particular region, and your particular situation, here are some things to know:

  • There are strict processes governing evictions. Your landlord can’t just lock you out of your apartment or force you to leave out of the blue! Steps they must take include providing notice in writing and giving you the chance to appear in court (see above).
  • If you’re taken to court, you don’t necessarily have a right to a government-provided attorney like you would in a criminal case. Be prepared to seek legal counsel on your own.
  • Evictions don’t happen overnight. There’s usually a fair and reasonable timeline governing the expectation that you vacate your home, even if your landlord has grounds to ask you to leave. Timelines vary by state and region, as well as your unique situation.
  • Your lease is the guiding contract in eviction disputes. You should be able to produce this document and use it to prove you’re living within established guidelines.

Homeowner Rights

Homeowners have rights, too, of course. Here is what to know if you might be facing foreclosure:

  • You have the right to remain on your property while seeking to dispute or prevent foreclosure. This is true up until you are court-ordered to vacate, at which time you are given a certain date to vacate.
  • You have the right to retain an attorney, but one might not be granted to you for free the way one is in a criminal court case. You should look into laws in your area and see what’s available to you in your financial situation.
  • Many services try to swoop in when people are facing foreclosure and take advantage of the situation by pretending they can help or offering too-good-to-be-true foreclosure resources. Just so you know, you’re protected by law from harassment, scams, or egregious sales tactics. Your legal counsel can help with cease-and-desist notifications, but simply making these entities aware that you know your rights can go a long way.
  • You have a right to participate in all meetings, settlement conferences, and court hearings regarding foreclosure of your home.
  • Most importantly, you have the right to settle your balance on your home and retain ownership up to the date that it is foreclosed on.

How To Stop an Eviction

eviction

If you’re concerned about being forced out of your home, but you’re not yet facing this reality, you can still take action.

Here are a few steps you can take now to avoid a foreclosure or stop an eviction:

  1. Communicate your intentions: “Well, of course I want to stay in my home,” you might be thinking. But your intentions might not be that obvious to an institution like a bank or property management company. It can be helpful to reach out to a real person and explain that you would like to try and resolve the situation at hand. Even if you need a little time to sort things out, you’re more likely to keep matters from escalating in the meantime if you communicate your intentions early (and then, of course, back them up with actions).
  2. Be proactive — and act fast: In many cases, eviction and foreclosure cases can be resolved by taking action to resolve the issue at the center of the case. This might be a matter of paying off an outstanding balance or making repairs. The sooner you demonstrate your willingness to resolve the matter, the more likely your landlord, lender, or the other party will be open to pausing proceedings and working with you.
  3. Consider taking out a loan: Many times, evictions and foreclosures come down to money issues, like late payments. Taking out money from a third-party to settle the matter is not always a possibility, or the smartest move. However, let’s say you missed a mortgage payment during a time of financial hardship, but you’re now gradually getting back on your feet. Taking out a loan that protects your investment and allows you to avoid moving fees might be worthwhile in the long run, since you know you’ll be able to pay it back (while still continuing to make mortgage payments on time going forward). Financial consultants can help you determine if this is the right choice for you. Bonus tip: For unbiased advice, seek out consultants who aren’t attached to a particular loan institution.
  4. Learn about free resources in your area. There are many government and not-for-profit resources that can help you navigate the complexities of an impending eviction or foreclosure. Learning what’s available in your specific state and city can save you a lot of headaches and heartaches. Experts with deep knowledge of the intricacies of your state’s laws can point you toward websites, forms, legal counsel, financial experts, and others to either stop an eviction or at least get help with the process along the way.

How To Avoid a Foreclosure

foreclosure

If you’ve already been served an eviction notice, or if you’re facing a potential foreclosure, there are still a few things you can — and should — do right away.

How to stop a foreclosure should always include these crucial things:

  1. Seek legal counsel. It helps to know your rights so that you’re not taken advantage of. However, you’ll also want to prepare the best possible defense in case you need to appear in court. Your landlord, a property management company, or a lender will surely bring an experienced attorney to these proceedings; you’ll stand the best chance by coming with one of your own — or consulting with one in advance.
  2. Consider your options for moving. Even if, understandably, you don’t want to leave, planning ahead can save you some money and anxiety, if worse comes to worse. Your plans might involve staying with friends or family for a while or getting a short-term rental in the area. You might want to get in touch with moving or storage companies and request quotes, just to get a sense of how much it will cost to move and what your options will be.

Knowledge Is Power

It’s stressful and scary facing the possibility of losing your home, but you can take some comfort knowing that there’s an entire process that needs to play out before that happens, and you’ll have a lot of opportunities to try and stop the eviction or foreclosure from progressing before it takes place.

The most powerful tool in your arsenal is knowledge. Understanding the legal processes involved and knowing your rights can mitigate your anxiety — but, more importantly, it can help you prepare the best possible strategy to avoid an eviction or foreclosure altogether.

Did Your Rent Cost Just Skyrocket? Here Are Some Options

Author:

Publish Date:

Last Modified Date:

Category: Money Saving, Moving Advice

Tags: Tags: , , , , , , , , , , , , , , , ,

Did your rent just shoot up big time? I hear ya. I’m not sure what it’s like in every neck of the woods, but here in Florida, renters have had to deal with some shocking increases recently. In fact, most of the nation’s top 10 steepest regional increases happened in Florida. Fort Myers took the “win” with an average rent increase of 32.4% betweem 2021 to 2022.

That’s largely because Florida doesn’t have any rent control legislation. But this is not a state-specific issue; across the United States, rent has increased an average of 17% per month!

If this is happening to you, you’re not alone. And like everyone else, you’re probably wondering what you should do next.

Here are your options – including a few you might not love! 

1. Yes, you’re allowed to haggle with your landlord

talking to landlord

Before you lose hope and start browsing local listings, you might as well try to keep your current place. Even if it feels awkward, counteroffering is a normal option, especially if you have a compelling story. Heck, leaning into my identity as a single mom, I successfully haggled to bring down my son’s private school tuition a few years back.

 

“Across the United States, rent has increased an average of 17% per month.”

 

To be clear, this is more effective if you’re speaking to an individual landlord, as opposed to a property management company. But you never know, and it never hurts to try. Before you do, you should take some time to research your local renter’s laws. They’re different in every state, and knowing what leverage you may or may not have is extremely useful going into the conversation.

2. Analyze your life, then downsize or downgrade your needs

rent cost increase

If you’re on a strict budget or can’t budge on your current rental rate, it might be time to downsize. This might mean losing square footage or sacrificing amenities, like a pool or spacious yard. Truly consider your “wants” versus your “needs”.

Get creative! For example, my sister-in-law is currently renting our guesthouse for overnight stays. Even though it’s less comfy than what she originally wanted, the arrangement saves her a lot of money.

Many websites allow you to browse potential living spaces by specific features, right down to appliances. You might be surprised what impacts rent, and what you can easily live without.

3. Doublecheck your financial trajectory, then… buy a house

I can already hear your exasperated sigh, but wait! While the housing market is at a premium right now, experts actually advise against waiting if you’re even remotely thinking about buying.

It might actually be a good idea to get in before prices get even higher. And if you think you aren’t anywhere near ready, how about a fact-check on that? For instance, if this will be your first home purchase, you can qualify for the First-Time Homeowner Tax Credit, which is $15,000. Consider meeting with a mortgage broker to assess your options.

But what about the down payment? There might be some people in your circle sitting on little nest eggs who might be willing to help out (ahem, parents), or it might be worth pulling from your retirement to invest in real estate. Once again, this is especially true if you’re lucky enough to have a guest house you can rent out to help refill that account.

4. Research all the rent-to-own properties near you

rent to own

If you’re on the fence about buying, there’s an alternative: rent-to-own. After my Florida-based cousin received notice that her rent for her apartment would be increasing 25% over the previous year, she took this as her cue to buy a house. However, her credit score wasn’t quite there yet. Thus, she decided to look into getting a rent-to-own home, which would allow her to build her credit while setting aside money for a down payment.

Here are the positives:

  • You’re basically still renting a property, but have secured the right to purchase it at a certain point (for example, after three years)
  • Some of the money you’ve already put into rent goes toward the purchase, essentially like a down payment (score!)
  • You don’t have to wait until you’re the official owner before you start making the home feel like your own
  • In most cases, as long as they don’t require a permit or structural changes, you should be able to make any cosmetic updates, such as installing new countertops, cabinets, and floors  

And now for the cons: 

  • Your interim rent will be higher
  • If you ultimately opt out of the arrangement, you will lose that money
  • Depending on the contract, you’ll likely be responsible for the maintenance of the property, which may include fixing and replacing appliances

This arrangement can come with specific properties, or you can work with a financial institution like Divvy or Expensify, which will purchase a home of your choosing and set up a rent-to-own arrangement with you.

See prices for local moving labor. Read real customer reviews. Easily book your help online.

Full disclosure: Though my cousin loved the rent-to-own option, she couldn’t find a “perfect-for-her house” before her lease was up, so she’s actually keeping her apartment in spite of the 25% rent increase for another year. 

However, this does raise an important point about how you shouldn’t always rush into buying a new house. You still deserve the house of your dreams, not just the first house you can lock down before your lease is up.

5. Take a deep breath and get a roommate

Ew, no. You’re a grown-up now? I totally get it, but hear me out.

At the end of the day, you can save a ton of cash each month when you live with roommates. It’s just a fact of life. In some areas, couples are moving in together sooner, or even staying together instead of breaking up just to save on rent. For the record, I’m not suggesting you have to stick it out with your ex. But if rent’s too pricey for one person, it might be just fine with two, and that’s something to seriously consider.

If the idea of finding a roommate on Craigslist or some random roommate app gives you the heebie-jeebies, I don’t blame you. What can you do instead? Reach deep into your personal network, because you never know if a close friend, your cool cousin, or someone else you enjoy being around is open to sharing a pad with you for a little while. 

6. Sigh! Live with family

While there’s a stigma about living in mom’s basement, I’m of the opinion that if that’s what it takes to get through a dismal economic situation, it doesn’t matter what anyone else thinks (and, let’s be real, mom will probably be thrilled). That being said, you could think outside the moving-back-in-with-your-parents box (or basement)! With my sister-in-law living on our property, she’s saving on rent, we have help with our mortgage, and we get an extra caretaker for the kids. It’s a win-win.

 

“At the end of the day, you can save a ton of cash each month when you live with roommates. It’s just a fact of life.”

 

One more example: My neighbor is planning a second-story addition as a separate residence for her daughter’s young family. If you get creative, you might just land on a neat new living situation that works for everyone involved.

7. Welp, just pay the higher rent

At the risk of sounding like Captain Obvious, I’d like to invite you to take another look at things and ask yourself: Can you make it work? Consider where you can cut other costs in order to redirect funds to your rent increase – even if it’s just for a little while, as you plan toward one of the other options on this list (like my cousin is doing).

One thing to remember as you think this over is that moving can be expensive, too, depending on how much stuff you have and where you’re going.

Make sure to weigh that cost against the cost of staying, do the math on moving, and consider all the fees associated with a new lease or a mortgage. Not to mention… you should ask yourself if you’re really ready to go through the stress of moving. For many people, staying put, at least for now, might just make the most sense.

The average rent increase over the last year was indeed staggering, and we’ll likely continue to see outrageous rents for a while longer. Hopefully, for every renter’s sake, some legislation will come through soon to help provide housing stability. Until then, it’s good to remember that you’re not alone—and, of course, to consider all your options.

×

I'm Moving

Moving? Thinking about moving? Whether your move is off in the distance or you already have one foot out the door, you'll learn about everything you should expect through our useful how-to's, cool articles and much more. It's all specially curated for you in our "I'm Moving" section.
Explore
×

I'm a Mover

For rookies or veterans alike, our "I'm a Mover" section is filled with extensive industry news, crucial protips and in-depth guides written by industry professionals. Sharing our decade of moving knowledge is just one way we help keep our professional movers at the top of their game.
Explore