MYTH: Only residents on the lease can be evicted.
TRUTH: Anyone over the age of 18 living in the home can be evicted, whether on the lease or not.
MYTH: Only parties with written leases are landlords and tenants.
TRUTH: Any homeowner who has someone living on or storing possessions on their property is a landlord, and anyone living on or storing possessions on someone else’s property is a tenant, even if there is no lease or money being exchanged. This includes former homeowners still living in their homes after someone buys the home in a foreclosure sale.
MYTH: If tenants don’t pay rent on time or violate the rental agreement, landlords can turn off utilities or otherwise remove them from the home.
TRUTH: Landlords must follow the procedures set out in the eviction statute to evict tenants for any reason. These requirements include a 3-day notice to leave the premises, a formal eviction complaint, judgment for the landlord at the eviction hearing, and the purchase of a red tag.
MYTH: If my landlord isn't making necessary repairs or maintenance, I can withhold rent.
TRUTH: Even if your landlord is not keeping the property habitable, they can still evict you if you stop paying rent. If something in your home requires repair for the property to be safe and livable, what you can do is put your rent into escrow with the court. For more information on the escrow process, contact Center staff, or read more about the Rent Escrow Program.
MYTH: If an eviction is dismissed, it won’t be on my record.
TRUTH: Any time an eviction complaint is filed, a public record is generated with the court, which means anyone will be able to visit the clerk’s website and pull up the case. They will be able to see the case was dismissed, but the eviction will still be “on your record.”
MYTH: Formal eviction procedures are the only way for landlords and tenants to resolve disputes.
TRUTH: Community Mediation Services provides free mediation to landlords and tenants to help them work out legally-binding agreements and avoid eviction proceedings. The agreements can address any issues between the parties, so long as they aren’t illegal or otherwise prohibited by the landlord/tenant statutes.
MYTH: The police will kick someone out of a landlord’s house if they aren’t on the lease.
TRUTH: The police will not remove anyone from your home if that person tells them they live with you. They will tell you to go to the court and file a formal eviction complaint.
MYTH: Landlords can kick someone out of their home immediately if there’s an emergency situation.
TRUTH: The only way to legally remove someone from your home is through the eviction process. Even if it’s an emergency, you will need to file an eviction complaint. If you’re in a dangerous situation, you should consider asking the court for a protection order, but you will still need to file an eviction.
Still have questions? Visit the Self Help Resource Center Monday - Friday, 9 AM - 3 PM.