What Happens If I Can't Pay Rent? What to Know if You're at Risk of Eviction

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A final round of pandemic-related eviction protections in Massachusetts ended on March 31, and it came as Boston is already seeing eviction filings return to pre-pandemic levels. Rents are high, housing is in short supply, and if you’re struggling to pay rent, you may not know where to turn. 

If you think you could face eviction, there are steps you can take to try to protect yourself. You have rights – here's how it works. 
 
If an eviction lawsuit hasn’t been filed yet, don’t wait to ask for help. While some pandemic programs have ended, there are still state and local programs offering rent relief, and some federal protections are here to stay. 

For example, the CARES Act included a provision that landlords have to notify tenants 30 days before filing for eviction if the property has a federally backed mortgage loan or received some kind of federal subsidy or tax credits. Often tenants aren’t aware of this protection, but an extra 30 days' notice can buy you valuable time. 

"Even if you're not going to be able to come up with the money to save that tenancy, That might give you enough time to figure out some, you know, someplace else to go," Eric Dunn, director of litigation for the National Housing Law Project, said.

Another option could be to talk to your landlord about setting up a repayment plan. If you don’t owe yet, but are facing a rent increase you can’t afford, see if they’ll meet you somewhere in the middle.

There are experts who can help you come to a compromise. In Massachusetts, there is a free statewide Housing Mediation Program, with community mediation centers available across the state. It started during the pandemic and remains operational.

This is not a legal process, and mediators don’t give legal advice – they help with conflict resolution. 

"A lot of times these situations are really stressful and so it feels hard to reach out and start that communication. So I start early and I take advantage of mediation to be able to help have that conversation with your landlord in a more constructive way. And so in doing so, you're showing that you're being responsible and proactive," explained Jarling Ho, the Program Manager for the Massachusetts Office of Public Collaboration.

This program is free for all residents. If you can start mediation before an eviction process even begins, you may be able to avoid it entirely. 

"What we recommend is that you start early. So if a tenant, for example, misses a payment and that tenant knows that, you know, they might be missing some future payments, reach out to the mediation center to start that conversation and help figure out either a payment plan or some sort of plan to go forward," Ho explained.

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Other things to know about mediation

Mediation is used in a variety of disputes, not just housing issues. A mediator's goal is not to advocate for one side or the other, but to help resolve whatever conflict arises.

While the Office of Public Collaboration Housing Mediation Program has a partnership with the district courts, they do not give legal advice.

"Mediation is a flexible process where the mediator helps people have a better conversation about a conflict. So mediators create opportunities for people to talk and to be heard, to get more information and then find solutions that suit everyone's needs. It's a way to resolve conflicts before they escalate and before you take the issue to court. That's usually the best way to use mediation," Ho said.

The program also works closely with housing agencies across the state, such as RCAP Solutions, WayFinders, and NeighborWorks. To look up resources in your area, click here.

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If you can’t come to an agreement without legal action, know that in Massachusetts, it is illegal for a landlord to remove a tenant or their belongings without a court order.

"In every state, it's illegal for the landlord to do things like shut off your utilities or, you know, we've heard horror stories of landlords that take your front door of the apartment or something to try to get you to leave. All those, that types of things are unlawful. A landlord must go through the court process.  

A landlord is required to notify a tenant if they’ve applied for eviction,  This first notice is called a notice to quit and it should state why the landlord is evicting you.   

If you do receive a notice because you haven’t paid your rent don’t start packing up right then and there – you have 14 days before you’re required to leave in Massachusetts.  

You also may want to fight it -the notice to quit is only the first step in the court process, and you have the right to respond. This paperwork is called your “answer” and it will be due a few days before your first court date. 

If this happens to you, try to talk to a lawyer immediately - they will have the best understanding of your rights. There are free resources available in our state.  For example, Greater Boston Legal Services offers help to low-income families in 47 towns and cities in the Greater Boston area. You can learn more about legal aid programs in Massachusetts here and your basic tenant rights here.

If you can’t get an attorney, you’ll have to represent yourself. Don’t go in blind - there are free resources available online, including a free guide available on how to respond to a notice, available here.  

Massachusetts' Rental Assistance for Families in Transition program, or RAFT, offers funds for eligible households facing eviction, loss of utilities or other housing emergencies, to help tenants stay in their current housing or move to new housing.

But even If you find yourself moving forward in the court process, you’ll want to make sure you appear for the first hearing. If you skip it, you’ll lose your case automatically.  

 If your landlord has not followed the right steps in the eviction process, you can ask a judge to dismiss the case. If you’ve had any other kinds of problems with your landlord, you should note it in your answer. You can also ask the judge for more time to prepare your case, or for time to look for a new place. Depending on the case presented, you may wind up in court-ordered mediation. 

"In eviction proceedings we can support parties in getting a better outcome," Ho said. Oftentimes, it's what we call a soft landing, which is, you know, a move out that has a little bit more time for the tenant to find a new place to live and to also come up with some plan in terms of paying whatever rent they might have still have owed oftentimes for move outs. They can also figure out maybe reducing the amount of rent owed and paying just a partial portion of it"

For more information on the court process and the options available to you, including what to know about the types of courts you may work through, click here.

Keep in mind that if your eviction is being served for something other than nonpayment, such as the property owner selling or a breach of your lease agreement, the timeframes and steps you need to take may be different.   

Having an eviction on your record can have serious long-term consequences. If you can’t avoid it, know that it could make finding future housing difficult. 

"Most evictions are for nonpayment of rent," Dunn said. "It can be awfully difficult to find someone or to rent to you, even though that eviction doesn't really have any predictive value about how you're going to be in the future."

Advocates are still pushing for stronger eviction protections, but if the worst happens, Massachusetts is a right-to-shelter state, and offers emergency housing to eligible families in need.  

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Other Things to Know About Eviction

While there were protections in place to prevent someone from being removed from their home during the pandemic, some courts still allowed landlords to file lawsuits. This meant that even if the tenant wasn't removed, some still wound up with a judgment against them.

"The practical effect of that is, you know, with millions of people being sued for eviction, acquiring records of having been sued for eviction, a lot of landlords will just categorically deny admission to anyone who has that show up on their record, no matter what the circumstances were," Dunn said.

Evictions aren't only filed over nonpayment of rent. It could be a matter of a property owner wanting a tenant out to sell or after the sale of a property. This is another scenario where you want to know your rights in the specific state. In Massachusetts, landlords are required to honor any existing lease requirements. If you pay month-to-month, you're allowed 30 days notice. Evictions can also be filed if a tenant breaches their lease agreement. You can also be evicted if a landlord accuses you of illegal activity at the property - while in any scenario you may want legal advice, if this is your specific case, you'll want an attorney, because this can become a criminal case.

Evictions are filed against everyone in a household. This means that even if you lived with roommates or someone you no longer plan to live with at your next place, you still have to deal with the impact of everyone's actions.

According to Dunn, research shows that evictions affect certain populations more than others - particularly Black women. Black women are sued for eviction at rates several times that of white households and other non-Black households.

"So this is really a, you know, I think, an important fair housing and civil rights issue. And I think it's important it is appropriate that states and local governments look at it that way and figure out ways to, you know, not only try to reduce the number of evictions that we're having, but also try to curb some of these after effects," Dunn said.

More research on racial and gender disparities in evictions is available here.

And a final note - Dunn says data finds past eviction is not a good indicator of future nonpayment. Many times, the situation arises because someone lost their job or hit a particular blip in life that set them off course. But even if they get themselves otherwise on course financially, they could struggle to secure housing for years to come.