Evictions: What To Do If You’re Being Evicted From Off-Campus Housing

Adulting Lesson #2: Sometime you have to move back home if you can’t afford to live on your own

EvictedPhoto byAllan VegaonUnsplash

In this current economy a lot of people are struggling to pay rent including students. Many students work and go to school, but what happens when you don't make enough and you fall behin inrent. It's sad and scary, but it's a hard reality far too many have to face. This article is for our hardworking students that can't afford to pay thier rent face evictions. Please note: most of this information can apply to anyone who is being evicted.

There's a little hope - Philly City Council has worked to help lower eviction rates by making the Eviction Diversion program permanant and added Right to Counsel (to certain zip codes). So here's some advice to help you:

Eviction Help

Don’t panic or suffer in silence. Contact your family, and a housing advocate and let them help you make a plan. Get a notebook and write EVERYTHING down. This is a time-sensitve and stressful matter so you will be talking to a lot of people and there are a lot of moving parts. You’re not going to remember everything so write down everything and try to use email instead of calls or texts.

Face It and Get the Facts

Don’t ignore the notices. Make sure the amount requested is accurate.

Re-read your lease and be clear on your rent amount and charges in the lease agreement. Example. If your rent is $500.00 and the late fee is $25 – they can’t charge $50 unless it’s in the lease.

Student Tip: If you have roommates you’re not responsible for their debt and please do not let owner or property manager convince you to pay your roommate's back rent or fees – it’s not your legal or financial obligation. You cannot be evicted if have a separate lease and your roommate(s) have not paid. However, this could present other issues if your roommate is evicted and you aren't. You may want to leave first to avoid a messy or awkward situation of eviction or losing your security deposit.

Communicate and make a plan to vacate

Call and follow up with an email about why you're late or missed a payment and make a plan to vacate if you can’t afford to pay. This is hard and may feel embarrassing, but you can’t stay if you can’t afford to pay your rent.

Your email should have an apologetic and humble tone and it should include name the person or people you spoke with and how much you will be able to pay and when. Only agree to pay money you have.

If you started a new job – agree to make a payment after your 1^st pay and be realistic. Make a budget – agree to an amount after you’ve set aside money for necessities like food, transportation, etc.

DO NOT MAKE A PAYMENT UNLESS YOU HAVE A WRITTEN AGREEMENT FROM THE LANDLORD STATING:

1. THE LANDLORD AGREES TO THE PAYMENT ARRANGEMENT
2. HOW THE PAYMENT WILL IMPACT THE EVICTION FILING, YOUR CURRENT LEASE AND UPCOMING LEASE RENEWAL

For example:
Landlord, Inc. agrees to accept $500 on November 15^th and additional $250 by no later than the last day of the month until the end of the lease on February 28^th when your lease ends. Your lease will be renewed on a month to month basis pending all rent payments are made on time and back rent is paid in full.

If any payment is late following November 15^th this agreement is void and the eviction process will resume unless you vacate the property and pay the remaining balance.

Get help from someone who knows the process

Contact TURN to learn more about your rights and then a legal advocacy group for assistance. In Philadelphia landlords must participate in the Eviction Diversion Program before they file for eviction in court and you have a Right to Counsel.

Student Tip: Please don’t sign or agree to anything without consulting your parent, a housing advocate or lawyer.

I hope this was helpful. The roommate information is for students – but most of it can be used for anyone who is facing eviction in Philadelphia.

For more information about the eviction process see below from the Philadelphia Inquirer’s article by Henry Savage:

How does the eviction process work in Philadelphia?

An eviction is when a court officially orders a tenant to vacate a property for not paying rent, the lease term being over or breaking the terms of their lease. Landlords initiate the eviction by filing a lawsuit in civil court, where both parties go to trial to make their case and come to an agreement or a judge decides the outcome. If the judge sides with the landlord and issues an eviction, then the tenant has 21 days to vacate the property and possibly be required to pay back any rent owed. (In total, an eviction case takes several weeks to months to resolve).

In Philadelphia, landlords cannot file for eviction in court without first going through the Eviction Diversion Program. It’s an initiative that was put in place during early COVID-19 restrictions to keep tenants in their homes during the outbreak and it continues today to create more amicable outcomes (pre-trial) between tenants and landlords. (Inquirer, 2023)

What else should I know about eviction in Philadelphia?

You may be eligible for free legal assistance if you live in specific neighborhoods in Philly through a city initiative called “Right to Counsel.” Basically, if you are being evicted and live in zip codes 19121, 19134, 19139 or 19144, and your household makes below 200% of the federal poverty level — $29,160 for one person, $49,720 for a household of three, and $60,000 for a four-person household — then you may be able to get a free lawyer. According to Community Legal Services, even if you don’t live in those zip codes, there still may be free legal assistance available if you call the Philly Tenant hotline at 267-443-2500. (Inquirer, 2023)

Additionally, the Diversion Program now offers targeted financial assistance to tenants who owe money to their landlords, up to a certain amount. The city pays a one-time payment to the landlord to help cover what a tenant owes (plus one month’s rent) and compensate the landlord for their time participating in the program. Eligibility is determined after the Eviction Diversion Program application is submitted, wherein landlords have to include a ledger of rental payment history and any money owed. (Inquirer, 2023)

Sources:

Philadelphia Inquirer

https://www.inquirer.com/philly-tips/how-to-fight-eviction-notice-eviction-diversion-program-philadelphia.html#:~:text=If%20you%20are%20in%20the,case%20even%20goes%20to%20court.

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