There are a lot of things in the world today that are pulling our attention in different directions. For many, one of these things is their living situation. Significant changes occurred after the pandemic that in many cases are here to stay. Particularly around eviction laws, eviction moratoriums, and practices. We’ve created this eviction guide and a series of blogs to help tenants and landlords understand more about the eviction process.
Table of contents
What Is An Eviction Moratorium?
An eviction moratorium prevents any action by a landlord to remove a tenant from their residential property. Often, they are put in place to protect tenants that are not able to pay rent. Most recently, this case was due to the pandemic drastically affecting people’s ability to keep and attend their jobs.
Is There Currently An Eviction Moratorium?
Currently, there are no bans or holds on evictions. That means a landlord can evict you for not paying rent.
To clarify, eviction moratoriums are put in place when there is a crisis that would prevent people from paying their rent.
In addition, moratoriums only prevent landlords from evicting tenants for not paying rent. If the landlord has other legitimate reasons to evict, then the moratorium will not protect the tenant.
What Does The Eviction Process Look Like?
Eviction laws vary from state to state. Occasionally, they are subject to change. Often, the eviction process involves several steps including filing complaints and attending court hearings. Below we’ve created an at-a-glance guide to the eviction laws in some states.
Eviction Laws In North Carolina
The eviction process in North Carolina contains about five steps if you put it simply. Note, the eviction process can vary from person to person, so the following steps may not encapsulate someone’s entire eviction process.
- Posting of a notice
- Filing and serving a complaint
- A court ruling and decision
- Issuing of Writ of Possession — the document that lets the tenant know that they no longer possess the home.
- Returning possession of the property
Eviction Laws In South Carolina
The eviction process in South Carolina has four steps. Understandably, these legal terms may be new and confusing, but here’s a simple explanation.
- Posting a notice to pay
- Applying for a Rule to Show Cause and Ejectment — this is the explanation of why you’re being evicted.
- Attending a court hearing
- Issuing of an Ejectment– this is the final notice that you must leave the unit.
- Returning of property
Eviction Laws In Rhode Island
Comparatively, this process looks much like South Carolina. Typically, the eviction process in Rhode Island involves six steps.
- Posting a notice to pay
- Filing a complaint of eviction
- Attending a court hearing
- Issuing of a Writ of Execution
- Returning possession of the property
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Eviction Laws In Iowa
There are three steps in the process according to Iowa laws. The eviction process in Iowa has fewer steps than the other states listed, but it is nonetheless intense with notices and forcible entry and detainer.
- Filing and serving a Notice to Cure or Quit — this is a document that demands that the renter pay rent or fix the issue for eviction in any given number of days. Essentially, the landlord and state are trying to give the renter the opportunity to stay in their home. Eviction is stressful for everyone.
- Filing a Forcible Entry and Detainer– this is the next step that a landlord takes if the issue is not fixed. It is simply the eviction notice.
- Attending an eviction hearing
- Requesting a Writ of Possession- the document that marks the landlord winning an eviction case and lets the tenant know they need to leave the property.
What Reasons Can I Receive An Eviction Notice?
There are several reasons why a tenant may be evicted. Importantly, these reasons may vary from state to state. Some common reasons for eviction include:
- Failure to pay rent
- Violating the lease agreement
- Committing an illegal act
- Not following health and safety standards
- Not vacating the property when the lease is up
- Housing an unauthorized tenant
Complete Eviction Guide
Hopefully, you’re feeling like you have a better handle on what to expect if you’re worried about eviction. To ease any worries you may have, landlords avoid eviction as much as possible due to expense and the fact no one wants to leave someone without a place to stay. Although with this new-found knowledge, you’ll be prepared to fight any notices that come your way.
FAQs
Yes, your challenge to an eviction will happen on the day of your court hearing. Please note, it is uncommon for tenants to win their eviction cases, but certainly not impossible.
Likely not due to COVID-19, but if another crisis occurs it may be put back in place.
Evictions typically take 3-8 weeks to be settled.
Aubrey graduated from UCLA in 2019 with dual degrees in English and Psychology, as well as receiving a concentration in Fiction Creative Writing. Her writing can be found at Locale Magazine, UCLA's MindWell pod, HerCampus, Westwind, and Bloody Donuts. Aubrey currently lives in Los Angeles with her orange tabby cat, Bowie, and spends her free time reading anything she can get her hands on and soaking up the golden California sun. You can find her hiking the Laguna trails, making jewelry, or exploring the local library.
Maura De Cicco attends the University of Iowa as a Journalism and Anthropology student. She plans to pursue a strategic communications track when it comes to writing, and an archaeology track when it comes to Anthropology.
