EVICTION: Don't Let it Happen to You

Understanding the eviction process is essential to making it through financially challenging times.
Eviction is the court-ordered removal of the tenant and his or her personal belongings from a dwelling unit. It is the final step in a series initiated by the landlord to repossess the unit. The landlord alone cannot evict; this is ordered by a judge, and the Sheriff's Office is involved.

The eviction process involves the following:
1. The landlord files suit with the court requesting a judgment for repossession of the unit; generally, this is due to nonpayment of rent.
2. The court assigns a court date and issues a summons. The Sheriff's office mails the summons to the tenant, in addition to tacking it on the tenant's door.
3. If the tenant appears in court on the date indicated, she has the right to defend herself, with or without an attorney. After the hearing, the judge will decide if the landlord is entitled to repossession.
4. If the tenant does not appear in court, the judge may award a judgment for repossession to the landlord. If the landlord or agent does not appear, then the action is dismissed.
5. If either party disagrees, an appeal can be filed within 10 days for tenant holding over or breach of lease or within 4 days for failure to pay the rent judgment.
6. Once the appeal period has expired and judgment for repossession has been given to the landlord, the tenant has two days to either vacate or pay all of the court-ordered debts to the landlord. The landlord must notify the Sheriff's Office if payment has been made or the tenant has moved. If neither occurred, the actual eviction is scheduled. The Warrant of Restitution is mailed to the tenant and the landlord by the Sheriff's Office.
7. The landlord then contacts the Sheriff's office to schedule a date and time for the eviction. This can take as long as 2 months. This gives the tenant ample time to get the needed rent or move. Eviction can be prevented by making payment to the landlord or his agent prior to the execution of the eviction. If payment is made, the tenant must get a receipt and confirm with the Sheriff's Office that the landlord has canceled the eviction.
8. Once the eviction is scheduled, the Sheriff will post a red and white notice on the tenant's door. The sheriff can still proceed even if a notice is not posted. However, evictions cannot take place without the Sheriff being present.

Important items to keep in mind:
Rent is due on the 1st of each month and it is late on the 2nd. You can be sued any time after the first of the month.
Not paying your rent on time constitutes a breach of lease and can result in a negative rental history that can be accessed through the Registry. The Registry is used by landlords to screen prospective tenants.
Judgments for late rent payments are reported to credit bureaus and can stay on your record for 7 years.
Landlords can refuse to renew your lease if you have a poor payment history; likewise, they can give you notice to vacate with notice for the same reason.
A tenant cannot withhold rent for landlord's failure to make repairs nor is the tenant responsible for nonpayment of rent made by HOC. However, the tenant should appear before the court if the judgment is related to HOC's portion and have an HOC representative there to speak for HOC.
If repairs are needed to the unit, put your request in writing. If the landlord fails to make the requested repairs or does not respond to your request within 10 days, then you can report him to Housing Code Enforcement 240 777-3600. Even if you are not paying your rent, the landlord cannot refuse to repair your unit.
The tenant can be evicted the first time the landlord files an action for non-payment of rent.
The tenant should go to Emergency Services when a judgment has been received for nonpayment of rent. In most cases, services can only be provided once every 12 months; however, additional services may be provided if you have not used up all of the funds allowable for you.
Try to avoid getting to the point of eviction. It is difficult to obtain enough funds for huge arrears even by tapping into multiple county resources.
If 3 judgments for unpaid rent have been entered against the tenant in the 12 months prior to the 4th filing, the landlord can request a Judgment Absolute with No Right of Redemption. This means the tenant WILL be evicted, whether or not she has paid the past due rent.
Contact the Sheriff at 240 777-7130 to see if an eviction has been scheduled for your address. The Sheriff will NOT tell you the specific date.

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