Eviction Etiquette

Each day we read about new reports of lay-offs, downsizing, and bankruptcies, events which mean that many people no longer have either payroll checks or stock options to help them meet monthly costs. For a small percentage of apartment renters, the result can be eviction.

In general terms, an "eviction" can be seen as the end of the line, a contractual failure with property owner or apartment complex managers on one side and apartment residents on the other.

The good news is that virtually everyone hates evictions. Apartment residents hate such events for obvious reasons, but property owner or apartment complex managers also want to avoid the problems evictions represent.

If you're a property owner or apartment complex manager, you don't want an eviction because it costs money, you will likely have a vacancy period, and courts will often make the process as difficult as possible to avoid putting renters on the street.

But evictions happen, so what can you do if times get tough?

The first step is to speak with your property owner or apartment complex manager or manager. If you can't make the full payment, can you make a partial payment now and more later? Can you make a full payment with some delay? What about late fees and such?

At this point everyone may be best served by agreeing to end the apartment lease -- you move, you get back your deposit, and the property owner or apartment complex manager re-lets the property. There's no eviction stigma and if all rents are paid nothing will show on credit reports. In a tough situation, everyone does reasonably well.

The alternative is messy. Even with a pro-owner lease and no rent checks eviction is neither easy nor instant.

While an apartment lease agreement is a contract -- and not paying the lease, damaging the property, or violating other contract terms can all lead to an eviction -- the practical reality is that no jurisdiction is eager to evict. There is a stigma to evictions, and no community wants more people on the street or in shelters.

That said, you CAN be evicted. Here's what's likely to happen.

The property owner or apartment complex manager must follow the terms of the apartment lease agreement and local regulations. Generally this means providing notice that lease terms have been breached and that you will be evicted unless certain events take place -- the rent is paid, repairs are made, etc. However, it's possible to simply get an eviction notice, one where the property owner or apartment complex manager does not ask for money, repairs, or whatever. Instead, the property owner or apartment complex manager simply seeks to end the lease agreement.
The property owner or apartment complex manager cannot hire large people to remove you from your Houston apartment. This is a process reserved for the court system.
The property owner or apartment complex manager cannot engage in a "constructive" eviction -- that is, changing the locks, removing the doors, shutting off the heat, or otherwise taking any action which violates the apartment lease terms.
An eviction request must be heard by a judge. If notified of a court hearing, you should obtain legal counsel. Contact an attorney, legal clinic, local law school, legal aid society or community group for assistance.
Once the eviction comes before a judge, the property owner or apartment complex manager will present a case and you will have a chance to defend yourself. What's a good defense? Repairs were not made, the property is damaged or dangerous, the property owner or apartment complex manager's behavior represents a constructive eviction, etc.
In practice, judges will often seek a compromise between owners and apartment residents, but if that's not possible and the owner wins, then the court will issue an eviction order.
The eviction order effectively authorizes the property owner or apartment complex manager to have local authorities physically remove you and your belongings from your Houston apartment. In practice, again, this is not a cut-and-dried matter. The local sheriff or marshal may have a back-log of evictions and a shortage of officers. Local rules may prohibit evictions when it's wet or cold. Most likely you will be given an eviction deadline with the hope that your apartment will be empty by that date.
If you do not leave the your Houston apartment, local law enforcement will take everything in your apartment and move it physically to the curb. This is something no one wants. Items left outside are subject to the elements as well as possible theft.
Your deposit may be reduced by the property owner or apartment complex manager's eviction costs, depending on the terms of your apartment lease agreement and local rules.
An eviction is a public process, and information will be available to future property owner or apartment complex managers and creditors. If you're facing hard times, work with your property owner or apartment complex manager. For additional information, consult with legal advisers, local housing groups and government housing offices.