Do These 5 Things Before The Eviction Ban Ends - Low Income Relief (2024)

The nationwide eviction ban appears to be extended through the end of January, but millions of households are expected to be evicted when the ban on evictions end.

The National Low Income Housing Coalition estimates that as many as 19 million people will be at risk of eviction at the end of the eviction ban. In this article, we’re going to discuss five things you need to do as soon as possible if you’re at risk of eviction.

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The eviction ban has not been perfect.

Before we begin, I want to acknowledge that the eviction moratorium has not been flawless. Some people have still been evicted, either because landlords have found loopholes, judges ignored the ban on evictions, or tenants didn’t know how to use this moratorium to protect themselves. Since the moratorium required renters to sign declaration and meet other requirements, some landlords even threatened their tenants with perjury charges in order to evict them.

However, for the millions of households that have been protected by this moratorium, the dark day of reckoning is coming… and the question we keep getting asked is, “What do I do when the eviction moratorium ends?”

Fortunately, we’ve found a few resources that can help.

Do These 5 Things Before The Eviction Ban Ends - Low Income Relief (1)

First, see if you are protected in any way.

There are many different organizations and layers of government that are enacting protections for tenants. It is important to see if you are protected in any way, shape or form from eviction.

For example, the federal government’s ban on evictions is currently scheduled to end at the end of January 2021.

In California, Governor Newsom extended the eviction ban for tenants who cannot pay their rent. However, tenants must pay at least 25% of the rent due to avoid eviction. The state also allows cities and counties to enact their own eviction protection, so you’ll want to see if your individual city or county has enacted any additional protection for tenants.

As of the time that I created this video, there are a few other states that have extended their moratoriums as well, including Illinois, Kansas,Minnesota, Nevada and other states.

There are several websites tracking these eviction bans in real time. Our research team is currently too overwhelmed to maintain such a database, but you can find additional information from NOLO and NLIHC.

Second, see if you qualify for rental assistance.

Several states have enacted programs to help tenants with their rent. For example, the Delaware Housing Assistance Program will provide eligible households with up to $1,500 toward their rent or utilities. Maine and Utah have similar programs, as do many other states.

The newly passed stimulus package includes a rental assistance fund with $25 billion in funding. It is expected to help millions of households who have fallen behind on their rent. The funding can also help with past-due utilities and other housing-related expenses.

Third, search for other assistance programs.

There are many organizations that are working to help tenants through the pandemic. An easy way to find organizations in your area is to search on the Just Shelter website at justshelter.org. They can connect you with housing coalitions and other community housing programs.

Another great way to find resources in your area is to contact your local Community Action Council, which usually coordinates community programs. They often know of resources in your community that can help.

Of course, even non-housing related assistance programs are helpful because they can help you lower your other expenses, which means you’ll have more money available for rent. We have resources that can help you eliminate your cell phone bill entirely, get $5 internet, and even free car insurance depending on where you live.

Fourth, contact legal aid.

If you are facing eviction, you should consult with a lawyer. I know lawyers are expensive, but we have a directory of legal aid organizations in your area here.

Fifth, reach out to your landlord.

This works best if you are able to pay your rent from now on but can’t catch up on your past-due balance. If you find yourself in this situation, I recommend writing a well-written letter that clearly explains how you’ve been impacted financially by the pandemic. Clearly ask for mercy in the form of a rent reduction, an extension, or even forgiveness for your outstanding debt. When writing these letters, it helps to be specific about what caused you to fall behind, how that situation has been corrected, and how you will ensure that you’ll pay consistently in the future.

What if you can’t afford your rent now, either? Well, you should still communicate with your landlord but I wouldn’t expect much cooperation. Explain the hardships you’ve been facing, the steps you’ve taken to try to correct it, and why you haven’t been able to do so. You can still ask for arrangements, but a landlord is less likely to agree to your terms if you cannot guarantee future payment.

One thing to consider as you reach out to your landlord is any way that they have violated their obligations of the lease. Have they failed to perform maintenance in a timely manner? Is the residence currently habitable? Are they aware of safety concerns they haven’t remedied? Any of these things can give you leverage in your negotiations.

Stay safe out there, friends.

I am extremely worried about the expiration of the eviction moratoriums, because I know that many of you will be impacted. I know this isn’t a religious page, but please know that you are in my prayers and that the Low Income Relief team is scrambling to help in every way we can.

Nicole Thelin

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Nicole is the owner and lead researcher for Low Income Relief. She has over 20 years of professional research and writing experience, and she has been solely dedicated to investigating low income topics for the last 10 years. Nicole started Low Income Relief after a personal experience with poverty. When her husband was medically discharged from the US Army, their family experienced tremendous financial hardship. Nicole was able to gather help from multiple community agencies and move into a nearby low income housing unit in just two weeks!Since then, Nicole has been dedicated to helping low income families in crisis. She regularly spends hundreds of hours combing through countless resources to make sure that Low Income Relief has the most comprehensive and complete resource directories on the internet today. Prior to starting Low Income Relief, Nicole worked as a novelist, journalist, ghostwriter and content creator. Her work has been featured in various print and online publications, including USA Today, The Daily Herald, The Chronicle and more. Her work has also been featured by Google for Publishers and other leading industry publications.

Do These 5 Things Before The Eviction Ban Ends - Low Income Relief (2024)

FAQs

What is the new eviction law in New York state? ›

Under the new Good Cause Eviction law, New Yorkers have the right to continue living in their homes without fear of unreasonable eviction or extreme rent increases. In many situations, tenants of market rate housing will now be covered by more expansive protections. Read below for details.

How long does it take to evict a tenant in NY? ›

New York Eviction Time Estimates
ActionDuration
Maximum continuance14 days
Issuance of warrant of possessionUnspecified
Time to quit after writ is posted14 days
Total1-5 months
4 more rows
Nov 3, 2023

How long can you go without paying rent in NYC? ›

If you didn't pay your rent within five days of the due date, the landlord can notify you. They must send the notice by certified mail. Late notice #2: This is the 14 day rent demand. After this is delivered, your landlord must wait at least 14 days to start an eviction case in court.

What happens when the sheriff comes to evict you in NY? ›

In an eviction, the tenant's belongings are moved under the supervision of the marshal and stored at a private warehouse. In a legal possession, the tenant's personal property remains under the care and control of the landlord until the tenant can arrange to transport the property to another location.

How to stop an eviction in NY? ›

If you comply with the eviction notice by paying all the rent due and owing, then, in New York, the landlord must not proceed with the eviction (see N.Y. Real Prop. Acts § 711(2)). If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord.

What are the new rent laws in NYC 2024? ›

For a two-year lease beginning on or after October 1, 2023, and on or before September 30, 2024: For the first year of the lease: 2.75% For the second year of the lease: 3.20% of the amount lawfully charged in the first year, excluding any increases other than the first-year guideline increase.

Why is it so hard to evict a tenant in New York? ›

Overview. In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.

Can you be evicted in winter in NY? ›

Section 4 amends section 741 of the real property actions and proceedings law by adding a new subdivision which states that a warrant of eviction may only be executed between April sixteenth and October thirty-first of any calendar year.

What are my rights as a tenant in NY state? ›

Please contact my office if I can assist you further with this or any other matter. Under state law, landlords are prohibited from allowing any condition that may endanger a tenant's life, health or safety. The dwelling must be clean before the tenant moves in. Public halls and stairways must be lighted adequately.

What if I can't pay my rent NYC? ›

You can apply for Emergency Assistance online using ACCESSHRA or by visiting your nearest HRA Job Center. For more information, call the HRA Infoline at 718-557-1399.

How late can rent be in NY? ›

A rent payment can only be considered late if it is received more than five days after it is due. The most your landlord can charge as a late fee is $50 or 5% of your monthly rent, whichever is less. Before signing a lease, the most a landlord can charge is $20 for a credit and background check.

Can you ask for last months rent in NYS? ›

At the beginning of their tenancy, all tenants can be required to give their landlord a security deposit, but it is limited to no more than one month's rent. The one-month limit means that a landlord cannot ask for last month's rent and a security deposit.

Do I have 30 days to move after an eviction in NC? ›

North Carolina laws dictate that a tenant must vacate the property within 5 days once the Writ of Possession is posted or delivered to the sheriff's office. This, along with the 10 days before the Writ is issued allows the tenant a maximum of 15 days to appeal the ruling and vacate the property.

How much time does a landlord have to give a tenant to move out in NY? ›

In New York 5 Page 9 City, 30 days' notice is required, rather than one month. Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings.

How long does an eviction stay on your record in NY? ›

Evictions typically stay on your public record for up to seven years, but they usually won't show up on your credit reports or directly affect your credit. The information provided on this website does not, and is not intended to, act as legal, financial or credit advice.

Can a landlord evict you without going to court in NY? ›

In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.

How much notice does a landlord have to give to move out in NY? ›

If you have been living in your home for over a year, your landlord must give at least 60 days notice. If you have been living in your home for more than 2 years, your landlord must give at least 90 days notice. rent as a security deposit. When you move out, they must return the security deposit within 14 days.

What is considered an illegal eviction in New York State? ›

In most cases, it is unlawful for your landlord to evict you without a court order. Examples of unlawful actions include: changing the locks to your home. removing your belongings.

What is a 72 hour eviction notice in NY? ›

A 72-hour notice is a notice served upon tenants by the county sheriff, city marshal or constable. It is one of the final steps of the eviction process. A 72-hour notice must be triggered by a signed warrant of eviction from a judge, & this only takes place through a landlord properly petitioning the tenants to court.

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