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But what if the person was young when economic problems hit, and they had not had enough time to save up or plan ahead because they were just figuring out how to survive as an adult?
For example, I turned 18 in mid-2008, right when everything was at its worst. My parents didn't allow me to get a job so I could save, because they wanted all my focus to be on school. They wanted me in a private school so I wouldn't be around 'poor influences'. There were no scholarships at a school the size mine was, so I couldn't get housing by obtaining a scholarship and just up and studying and getting a career started. When I turned 18, I was kicked out of my parents' house. We're talking about an 18 y/o girl who has never been allowed to even have a real job at this point. My parents didn't give me $1 when they kicked me out. I had to find a way to make it, and I have done pretty damn well, I think! I have never lived on the streets. I have kept a running vehicle for all but a few months of the last 7 years, and I am now engaged, employed, and have over a year of college studies completed. I pay everything I need to, and I have held skilled positions, such as that of a court recorder. I have 0 criminal records, 0 traffic tickets, I don't cheat the system, I don't steal, I don't party, I don't waste my money smoking or drinking, and I have survived this economic hell mostly by myself. The reason I am about to be denied is because I have one eviction from a year and a half ago that wasn't really my fault. I was let go from my job (court recorder, disability court) through no fault of my own. The director stated, "I can neither confirm nor deny the alleged occurrences, but I have to stay loyal to my contract." An office manager at the court I worked at decided she was jealous of me and kept sending emails to the staffing agency director, stating that I was late and not following policies. It was all falsified, but there is no protection in AZ against this. Sure, I could claim discrimination, but how would I have proven it? In AZ, you can't record stuff, especially in that type of position. What was I going to do...bring a camera into a disability courtroom to record everything that occurred off the record...? That's grounds for imprisonment! I had been paying 85-95% of my paychecks to rent, because that position was very part-time through a staffing agency. What was I supposed to save for when that bullcrap happened? The apartment complex that evicted me was accumulating fees on top of fees, and even though I had enough to pay off the initial rent amount, plus the majority of the fees, they would not stop accumulating fees on the few fees I couldn't pay off, and they wouldn't wave a single thing or just let me pay it the next month and stop accumulating, so despite losing a low-paying job that was already barely enough, I was given no leeway whatsoever after being a good, reliable, quiet tenant. That is the ONLY reason I am in a mess. Income is over 3X what it was then, and I won't be able to get a clean place I can afford now for another year and a half. I am at my aunt's house now, and I must move out by the beginning of next month. So what about these types of situations? I don't mean to sound like I'm asking for a pity party (I'm not), but I just want people to understand that there are some situations in which people did not just fail to plan ahead or save up, and people should not be so quick to judge.
You are in the mess because you put yourself in that situation. When you lost the job you should have vacated once you realized you couldn't find very basic employment. And with two people only needing $400 a month to live off of you needed less than basic employment to survive.
At the end of the day you made your landlord take you to court after being warned they would do that, AZ requires a 5 day notice which states the specific amount you must pay in order to not be evicted. You decided after being given 5 days notice that you would keep living in the unit and not pay rent owed. You won't find any sympathy from landlords and now you get to deal with the consciences of your actions like an adult.
Youve got all the excuses, and want to play the poor victim, but at the end of the day, you forced your landlord to evict you. You've set a precedent. Landlords have a choice as to whether they want to take the risk of renting to people with past evictions. Not a good place to be.
........ Remember that renters are people too........
I'll acknowledge that renters are people, too. However, I have no intention of adopting any renters and taking responsibility for providing them with a nice clean free place to live until such time that their hard times are over.
I've got my own family to feed and shelter. I am not going to provide free shelter for your family. It is your own responsibility to provide shelter for your own family. Your own parents won't take you in; don't expect your landlord to.
The bank wants the mortgage payment. I can't call them up and tell them that they should forgive a few payments because my tenant lost his job and I am generously giving the tenant free rent. Seriously, how mean is that of the banks? After all, landlords are people, too.
Sorry, but I am not taking in any tenant who has a history of digging in his heels and refusing to move until I take him to court and get a judge to throw him out.
i have an eviction, but it wasn't because i didn't pay my rent. i paid my rent late and they wouldn't take it including the late fee. they started the eviction process, i wrote the judge she granted i could stay and pay the rent to the court registry. i did just that. my lease was at that point month to month, i was unhappy with how nasty the landlord was i choose to move out. they kept my $1800 deposit, claimed that i left the apartment a mess in which they wrote one the cops paper work apartment cleaned by tenant and vacant, complex changed locks. apparently the complex was evicting numerous people who had kids, because tenants without kids were complaining about the kids living in the complex making noise and collecting deposits. it's a huge scam they are running. i have rented numerous apartments and i have NEVER had an issue. the only reason i was late is because i was pregnant and put on leave earlier than expected so i had to wait for my short term disability check to come. not everyone is a rent skipper or anything like that. i am a very good tenant. a landlord would never ever see, only when paying my rent.
There is so much hogwash that floats around the internet about evictions where people who are scared and doesn't know much about evictions and people telling them how evictions follow you for the rest of your life and they never come off your record and how they are a record of criminal activity and all this mess.
That is all complete bologna and just not true at all! This is why people should avoid the internet for advice and speak to an attorney, because on the internet people have one goal and that is to scare the living **** out of you. It's just like going to a website like WebMD looking for medical advice. You Google a symptom you're having and you get a link that points to WebMD how it's telling you how you have cancer and you literally have 7 days to live before you die and all this mess. Just not true! If you have a problem, go seek a professional, don't ask amateurs who are misinformed. At least talk to someone you trust about it who can give you an honest answer who isn't just trying to scare you out of your pants.
Truth be told evictions are like anything else. Landlords know people make mistakes because when they were young they made the same ole mistakes themselves, regardless to how much people try to act like they have a perfect impeccable rental record and credit and how they've never been evicted.
We all go through hard times where we end up with employment that isn't exactly stable and it's nothing to be ashamed of. Hell I know I've been through that same ordeal. Got stuck with dead end cashier jobs making minimum wage, had to force myself not to call off every week, you get the drill. Got fired, quit jobs, you name it! Lost my car, apartments, had to move back in with relatives and start from square one again. We realize where we went wrong and we correct that. We regroup, make ourselves more employable so we can secure career driven jobs instead of a dead end minimum wage job we can't stand the thought of going to, sitting around contemplating quitting every day. We've all done it at one time in our life unless you are the fortunate type who has had a career driven job that you love fresh out of college.
Here's the thing: There are people out there who realize you're human, they realize when we're young we're irresponsible, and they are willing to give you a chance to prove yourself. Sometimes that's what you need so when you go to your next landlord you can tell them and say hey, I have 2 years of good rental history and here is my previous landlord that can vouch for that. So even if you have a judgement against you for an eviction, there is a way of renting. It just takes some digging.
Then onto the other thing how there is this message going around the internet how evictions follow you forever, how they never come off your credit, how once you've been evicted sorry you're out of luck, you're boned for the rest of your life. Couldn't be more wrong! It's not a misdemeanor, it's not a felony. It's not a criminal marking on your record. If it were I wouldn't be able to hold the jobs I've held. Health care, banking, medicare, telecommunications. All of my jobs have been jobs where you have access to sensitive information or were working in peoples homes and these are the types of jobs where you can not have a single marking on your criminal record and be employed. If an eviction was a criminal marking like some people are implying in this thread, I wouldn't have been able to have any of those jobs. The only exception is if you had to be forcefully removed from the premises because you turned into John Cena and tried to give the police officer a 5 Knuckle Shuffle or an Attitude Adjustment as they tried to remove you from the premises.
It's a public record that shows up as a judgement. They are removed from your history after 7 years from the date the judgement is filed, not 7 years from the date of the eviction! A common misconception is people don't understand the difference in the date a judgement is filed versus the date of the actual eviction.
Paying off the debt of an eviction does not erase he public record of the debt. The debt and the public record are two different items on your credit. The debt from an eviction will show up on your credit within months just like with any other type of debt. The public record sometimes can take years to show up. You can pay off the debt and have the debt removed from your credit, but the public record will stay either for 7 years from the date the judgement was filed (key word here is filed), or if you are able to have it expunged from your record. If you were evicted because you quit your job because you had enough don't expect to successfully have the judgement expunged. Wait it out for 7 years from the time it was filed and check your record again.
Another public record item is a lien. They last for 10 years. An eviction is a judgement, not a lien. So they last for 7 years from the date filed, not 10 years like someone tried to mention earlier in this thread. Like judgements, it's 10 years from the date the lien was filed, not from the date of the collection account. Liens work the same way, the debt will show up sometimes years prior to the lien being filed. Typically a lien or a judgement is filed because there is a debt owed. After a few years from the account being placed into collections the creditor may become tired of chasing the debt and will eventually just close the account and take the loss, however this does not mean the lien falls off -- this will happen 10 years after the date the lien was filed.
Request your report from the credit agencies. If you have questions ask them about your public records. They'll give you any information they can. Information directly from the credit agencies or an attorney is the best advice you can get, but don't let the internet scare you into thinking your life is ruined because of mistakes you made in your younger years, because that is not the case.
I'm a private landlord, the type that everybody else here is telling you find. An eviction is the kiss of death. Paid or unpaid. It means that at some point, you decided to stop paying what you owe, and had to be removed by physical force from the premises.
No it doesn't. It means you were late enough with rent that they filed paperwork.
And if you're a private landlord: why do you have 919 posts in the RENTING forum and nowhere else?
You can not "pay" an eviction. An eviction is a legal procedure where a judge orders you out and a sheriff physically removes you.
This also isn't true.
You CAN pay an eviction, because MONEY is why you most likely got evicted. But there is a process in an eviction, it isn't automatically a sheriff escorting you out.
I'm a private landlord, the type that everybody else here is telling you find. An eviction is the kiss of death. Paid or unpaid. It means that at some point, you decided to stop paying what you owe, and had to be removed by physical force from the premises. It means that somebody else had to pay your rent for you, against their wishes, then that person had to go court, possibly hire a lawyer, waste their own time and money just to get rid of you. Even if you clear it, I wouldn't take my chances no matter what your story/excuse was.
Sorry and best of luck.
That is not necessarily true at all. First off, there are other reasons for an eviction besides non-payment of rent or other fees. Violation of lease, habitual nuisance or bad behavior, damage to LL's property, etc.
Also, when with non-payment of rent, the most common reason for eviction, it certainly doesnot mean the tenant "had to be removed with physical force from the premises"---hardly; in fact most evictions served do not involve any actual contact between the tenant and the sheriff or police. Many tenants leave before the deadline for vacating the apartment is up of their own volition. Some leave before the eviction is even filed. Its a minority that have to be physically removed from the premises.
Also, each state varies in its tenant eviction process. Some states, like Massachusetts, it is a very drawn out, lengthy process that typically takes months before you can have a tenant out--often several months or even a year if the tenant fights the eviction in housing court. Months and months of back rent might be lost in the process, too, not to mention the court and legal costs.
Other states, especially those in the South have VERY fast and relatively simple eviction procedures. In South Carolina an eviction can be gotten in under 30 days--in Arkansas even less. Same to be said with Florida. There literally can be just a month from rent not being paid before eviction is filed and served. Same can be said for other reasons, like lease violation.
I have seen tenants evicted in SC after failure to pay rent on a single month, or were late in handing it over. I have seen people evicted over pets where it violated the lease terms. And I have seen people evicted for trashing the apartment to a degree where the security deposit would have come nowhere near what it would cost to repair the damage. Hoarders are the worst I think. Rent might had been always paid, but when the cockroaches start singing, its time to have them leave. They might look great on paper, but end up being terrible tenants.
Personally, I have avoided being a LL in Mass. for the very reason the eviction process is so difficult to go thru--it is almost as if its done on purpose to discourage LL from filing evictions in the first place. If there is a problem, even one not regarding past due rent, it of ten is quite difficult to actually evict them if they do not leave on their own. Many other northern states are similar in that regard.
In other states, its very, very easy to file one and I certainly have seen LL abuse that. I have also seen tenants purposefully not pay (withhold) rent because the LL failed to do basic repairs that were of a serious nature---such as failing to repair a broken HVAC system, a dying furnace in the middle of winter, etc...I can not blame them and as I see it, the LL is not entitled to that rent when such necessary problems go unaddressed after a reasonable amount of time. The rental agreement does go both ways, not to mention state laws regarding habitability and things like heat in winter months, etc.
I really doubt most who fail to pay rent simply 'decided' to stop paying it. An eviction can imply that something happened where they were no long able to pay the rent, regardless of what the reasons might be. Knowing the general circumstances of the eviction can be helpful, though I certainly agree not very many LL are going to rent to someone with a recent eviction on record--especially if it is coupled with other issues like unpaid utilities, multiple evictions, poor credit, etc.
Last edited by Austin023; 08-27-2017 at 07:39 AM..
Reason: added info
How is it a risk? Judging from the LL in this forum some are pretty shady and dont follow the law anyway.
Sometimes tenant can get a bad LL just like a LL can get a bad tenant. Longs as the tenant credit is ok and have a good job and history I would rent no problem
You rarely hear about a tenant getting multiple evictions or judgements but you always hear about a tenant getting a first eviction
My previous landlord had Alzheimer and was forgetting. He forgot we paid rent and filed a detainer warrant eviction because his mind is slipping but infact he was suppose to file it for his other tenant.
He dismissed it right away but heck it might still be on our record but we have rented again since then
The reason it's a risk is because they had a eviction. It simply got to the point where the only way to settle the violation of the lease was to go to court. Why they were evicted doesn't matter. And if the tenant was right the court would side with them. Since they got the eviction obviously the court found them guilty. I have my requirements in place and having bad credit evictions judgements on your background is a declined application.
Hey I'm more than fine saying NO to those applicants. Because if I went through with it it may be my finances or the headache from a problem tenant. So I'm going to look for tenants that aren't problematic.
Let me put it this way. I will do what I can to negotiate you to leave peacefully if it gets to that point.. But if I'm pushed and I start a eviction process I won't stop it. The most I had to do was send 3 day notices and start failing. My wife called me and said tenant is here with cash as I was walking into the courthouse to file. The only thing stoping me was my wife asking me to not do it. And that was a one time deal.
If your LL did what you said if it went to court you would be found not guilty. So before I hand over the keys to a potential risk I'm going to minimize it by not doing it in the first place. You as the applicant may not like it but that's not my problem.
When you buy your own properties put your own money at risk you can rent to whomever you wish to. I really DGAF what other LLs do or how they run their business. I know the type of properties I offer and the way I run my business. I have past tenants who want to rerent from me so I must be doing something right. I'm not going to tell you what to do with or who to rent your property. You want to rent to someone with criminal record, credit issues, evictions or judgements? Ok go ahead. There are LLs who will rent to people with Sec 8, judgment or eviction on record, lower income, criminal record etc. but not every LL will do that.
Last edited by Electrician4you; 08-27-2017 at 08:30 AM..
That is not necessarily true at all. First off, there are other reasons for an eviction besides non-payment of rent or other fees. Violation of lease, habitual nuisance or bad behavior, damage to LL's property, etc.
Also, when with non-payment of rent, the most common reason for eviction, it certainly doesnot mean the tenant "had to be removed with physical force from the premises"---hardly; in fact most evictions served do not involve any actual contact between the tenant and the sheriff or police. Many tenants leave before the deadline for vacating the apartment is up of their own volition. Some leave before the eviction is even filed. Its a minority that have to be physically removed from the premises.
Also, each state varies in its tenant eviction process. Some states, like Massachusetts, it is a very drawn out, lengthy process that typically takes months before you can have a tenant out--often several months or even a year if the tenant fights the eviction in housing court. Months and months of back rent might be lost in the process, too, not to mention the court and legal costs.
Other states, especially those in the South have VERY fast and relatively simple eviction procedures. In South Carolina an eviction can be gotten in under 30 days--in Arkansas even less. Same to be said with Florida. There literally can be just a month from rent not being paid before eviction is filed and served. Same can be said for other reasons, like lease violation.
I have seen tenants evicted in SC after failure to pay rent on a single month, or were late in handing it over. I have seen people evicted over pets where it violated the lease terms. And I have seen people evicted for trashing the apartment to a degree where the security deposit would have come nowhere near what it would cost to repair the damage. Hoarders are the worst I think. Rent might had been always paid, but when the cockroaches start singing, its time to have them leave. They might look great on paper, but end up being terrible tenants.
Personally, I have avoided being a LL in Mass. for the very reason the eviction process is so difficult to go thru--it is almost as if its done on purpose to discourage LL from filing evictions in the first place. If there is a problem, even one not regarding past due rent, it of ten is quite difficult to actually evict them if they do not leave on their own. Many other northern states are similar in that regard.
In other states, its very, very easy to file one and I certainly have seen LL abuse that. I have also seen tenants purposefully not pay (withhold) rent because the LL failed to do basic repairs that were of a serious nature---such as failing to repair a broken HVAC system, a dying furnace in the middle of winter, etc...I can not blame them and as I see it, the LL is not entitled to that rent when such necessary problems go unaddressed after a reasonable amount of time. The rental agreement does go both ways, not to mention state laws regarding habitability and things like heat in winter months, etc.
I really doubt most who fail to pay rent simply 'decided' to stop paying it. An eviction can imply that something happened where they were no long able to pay the rent, regardless of what the reasons might be. Knowing the general circumstances of the eviction can be helpful, though I certainly agree not very many LL are going to rent to someone with a recent eviction on record--especially if it is coupled with other issues like unpaid utilities, multiple evictions, poor credit, etc.
To get down into the why the eviction happen is really not something I'm going to spend a lot of time on especially if it's very recent. Most people who I interview that have a eviction tell such convoluted stories I have no idea where it starts and rarely do they make sense. Mostly it comes down to basically it's the LLs fault and I'm just a innocent victim. And that's in every applicant that applies with a eviction on record.
I had a friend who was evicted. They paid rent late and they usually paid a partial. The LL usually took the partial and let them make up the rest during the month. Then the LL got a PMC. They tried the same partial payment as they did before. The pmc started eviction and refused the partial rent. Then the whole story evolved into the It's the PMCs fault.
You're right. People do make mistakes. And I understand that. But I'm not required or obligated to overlook the mistakes they made in the past. Can I? Sure. I have yet to have a applicant say hey I screwed up. I was young stupid and thought I was right. I want to do the right thing. I would at least respect the person for telling the truth.
If a LL is a dirtbag and doesn't maintain and service the property and the tenants concerns that's wrong. The lease works both ways. If a tenant calls me and says the x broke I get a service guy out. I recently had a tenant call and said his fridge is breaking. It cools then gets warm. Fridge was old but worked fine for years. But to repair it would cost as much as getting another if not more. So it took me less than 1/2 hour to get one ordered and set up delivery. Cost of doing business.
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