The Best and Worst Places in America to Get Evicted

Eviction OrderIf only getting evicted were like getting voted off the island. Instead of a waiting limo and a second-place winner’s goody bag, there are threatening legal notices, scary court appearances, dates with the local sheriff, and that thing with the black mark on your rental history. It is never an easy process, but where you live could make things a whole lot better—or a whole lot worse.

To see just how good (or how bad) particular parts of the U.S.  have it, we dug into the landlord and tenant acts for every state, coast to coast. The result: our definitive list of the top five best and top five worst states in which to get evicted (or even threatened with eviction).

The best places to get evicted (if there’s such a thing)

  1. MarylandMaryland’s state laws are a mixed bag. Don’t pay the rent and your landlord can file for an eviction as soon as your payment is late, usually on the second day of the month. However, typically you can pay the rent in full and stop the process anytime before the eviction is actually completed. If you’re paid up but violate your lease—say, by sneaking in a pet, subletting without permission, or painting every inch of the place hot cantaloupe—your landlord can evict you; but he’ll have to give you a 30-day written notice to vacate first.
  2. Massachusetts: If you’re on a lease and don’t pay rent on time, your landlord can file for an eviction the moment you’re late. Once filed, the court will send you a letter with a deadline for you to respond to the eviction. Pay the full rent before that deadline, and you’re in the clear. If you’re month-to-month, you have 10 calendar days to pay (or move) before the eviction starts. If your landlord tries to speed things along by entering your rental to harass you or remove your belongings, he’ll face a fine of up to $300 or jail time of up to six months.
  3. Pennsylvania: Fail to pay the rent and you’ve got 10 days to make it up before the eviction process starts. If you violate the lease in another way and you’re on a year or longer agreement, you’ll get a 30-day notice to vacate before eviction. If your lease is less than a year, you get 15 days.
  4. Tennessee: Tennessee has an unusual two-strike rule, but it’s lax. If you don’t pay rent on time or break the terms of your lease, you’ll get a 30-day notice to move out before the eviction process starts with an option to correct the issue in 14 days and stop the eviction. Commit the same offense in six months, and you’ll have 14 days to move with no chance to “cure” the violation.
  5. Vermont: Vermont is easy on tenants, even those with serious violations. Didn’t pay your rent? The landlord has to give you at least 14 days to pony up the cash. Violated the lease? You’ve got 30 days to move before an eviction. Seriously violated the lease (including criminal activity)? You still get a 14-day notice.

The worst places to get evicted

  1. Colorado: Here, the landlord has to give you only a three-day notice to pay past-due rent or correct a lease violation on the first offense. Have the same problem again, and you’ll still get a three-day notice, but no option to stay in the rental.
  2. South Dakota: State law allows landlords to deem certain violations—such as keeping an unauthorized pet or subletting without consent—“identical to cancellation.” So if you break your lease, you’ll get a three-day notice to move—without the option to correct the problem.
  3. Georgia: By law, your landlord can give you a verbal or written notice to pay rent—and start the eviction process—the day after rent was due. Once your landlord has filed for an eviction, a county marshal will deliver a summons to you with a deadline to answer or appear in court. If it is the first time you were late, you may be able to pay the rent any time before your court date. But if this was your second offense in 12 months, your landlord can issue a quit notice, essentially forcing you to move immediately or be evicted.
  4. Montana: Unlike other states that give a set notice time to cover a blanket of offenses, Montana laws list different time frames for different types of lease violations. The result is a confusing, complicated mix of rules that could potentially lead to a confusing, complicated eviction. For example, you have 14 days to correct a violation of the lease, but only three days to “correct” an unauthorized pet, 24 hours to fix changed locks, three days to pay past-due rent, and five days for a second violation in six months. Bewildered? We were, too. If you’re facing eviction (or just want to avoid it), seek out a landlord and tenant lawyer or contact your local housing authority for help sorting out the state’s Byzantine rules.
  5. West Virginia: When it comes to evictions, West Virginia takes the rental cake. By state law, landlords don’t have a set notice time to warn tenants of a pending eviction. Instead, your landlord can choose the time and can notify you in writing, in person, or even over the phone.

So, why are the laws so different?

The reason might boil down to political leanings.

From our list, it seems laws are stricter in states that lean conservative, while East Coast blue states tend to be more tenant-friendly.

In areas where property owners outnumber renters, like vastly rural Montana, laws tend to favor the landlord simply because there isn’t as much opposition from renters. In areas where there are more renters than owners, and policymakers may be renters themselves, the laws skew pro-tenant.

 It’s also worth considering that landlord and tenant acts aren’t set in stone. Read up and know your options! As time goes on and social climates change in an area, the laws about renting and evictions can change as well. Be prepared—hopefully in a good way.

Source: Realtor