What is Eviction – Eviction Defined
The Oxford Dictionary defines Eviction as “the action of expelling someone, especially a tenant, from a property; expulsion.” (Oxford Dictionary)
The Collins Dictionary defines Eviction as “the act or process of officially forcing someone to leave a house or piece of land. … an eviction order.” (Collins Dictionary)
Eviction even sounds ominous, and indeed it is. An Eviction is effectively the same as being thrown out or forced out of a residency you may well have come to consider home.
Getting forced to leave your place of residency creates a sense of insecurity and uncertainty however, there are numerous forms of Landlord Eviction Help available.
What to do if your facing Eviction
If you are a tenant facing eviction there are a number of options open to you, the most common of which is an Emergency Rental Assistance Program.
Emergency rental assistance
Under the circumstances where an Eviction Lawsuit has not been officially filed, a tenant can apply for financial help to cover the payment of rent and utilities.
Throughout America there are state or local organizations that provide financial assistance to both Tenants and Landlords. For example, if you are a tenant struggling to pay the rent, and need Landlord Eviction Help there are funds available from the U.S. Department of Treasury’s Emergency Rental Assistance (ERA) program.
As well as the state-run Rental Assistance Programs there are also numerous locally based programs that provide Rental Assistance. One such program is the Worcester Community Action Council – Rental Assistance Program.
The Rental Assistance in Worcester is run by the Worcester Community Council Action Council and it is designed to counter the effects of Covid 19 by covering the rent and utility payments of tenants in need of Landlord Eviction Help. The Program Assistance is limited to $3,000 per rental unit.
Under the Worcester Rental Assistance Program, the Landlord agrees to waive additional rent arrearages and they are paid out of the $3,000 Assistance Fund.
If the Landlord will not agree to waive the additional rent and utilities arrearage and the three thousand dollars does not cover the total amount of arrearages, the tenant must agree to pay the balance.
Find help and resolve a dispute
In the state of Massachusetts there is an established government program specifically designed to provide Landlord Eviction Help. The program is named the Massachusetts Communities and Development Housing Services Program and it is designed to help resolve disputes between landlords and tenants.
The Massachusetts Communities and Development Housing Services Program will deal with both the landlord and tenant to resolve differences that might in other circumstances lead to an eviction.
Landlords are human too – Talk to Your Landlord.
Sometimes a good way to supply your own Landlord Eviction Help is to talk with your landlord. If you can foresee a problem paying your rent on time, or if you feel you may have violated the terms of your lease, then tell your landlord.
Landlords are human too, and chances are they will appreciate you telling them, rather than having to hear about it from a third party. By
Explain to your landlord, why you cannot pay the rent on time and see if the landlord will work with you in making alternative arrangements. Try to arrange an interim plan for late rent payment; this plan could include such measures as a temporary reduction in rent, partial payment for the present time period, or an altered payment schedule.
Know Your Rights
As a tenant you can provide Landlord Eviction Help to yourself simply by knowing your rights. Knowing your rights may help you to avoid and to fight eviction.
From the tenants’ perspective, the best way to know your rights is to familiarize yourself with the terms and conditions in the lease.
When viewing your lease look for imposed conditions that may help you fight an eviction. For example, make sure the lease includes the contact details of the maintenance person and the contact details for a person who will receive formal documents.
In counties such as Worcester, Massachusetts law states if a security deposit is paid, the lease must acknowledge this, indicate the amount paid and state the tenants’ rights in regards to the security deposit.
Under Massachusetts Law There are certain elements that are prohibited in a lease and when seeking Landlord Eviction Help to check the lease and make sure these elements are not included. For example, a lease may not include an obligation for the tenant to pay –
: Repair costs for general wear and tear
: Building repair costs
: Clauses which forbid the tenant from joining a tenant’s union or reporting violations of the Sanitary Code.
: Extra fees for under 30 days late payment of rent.
Fighting The Eviction Process
The eviction process is referred to in legal terms as a Summary Process and it begins when the landlord officially files a legal complaint. Landlord Eviction Help will often take the form of a legal defense against the eviction.
There are four common defenses against Eviction including, improper lease termination, landlords’ failure to correct known conditions, failure to prove illegal activities, or eviction based on discrimination.
