Can Extreme Hardship Stop an Eviction?

There’s the law; and then there is fairness; often the two work in parallel, but not always. One area where, arguably, they do not is in the situation where a tenant is experiencing extreme hardship and, to make matters worse, is now also facing eviction. As a general matter, a landlord does NOT need to take the extreme hardship of a tenant into account in filing for eviction; and the courts will also not consider it in determining whether or not (or when) to grant eviction. If a tenant does not or will not pay rent, or has otherwise breached the lease in some material (i.e. significant) way, the landlord may evict him or her regardless of his or her circumstances. The law is very clear on this matter. In terms of fairness, a good argument can be made that it would not be fair to require the landlord to subsidize someone else’s living arrangements, which is what it would amount to if a tenant were permitted to remain rent free.

That’s the general rule. Certain states or municipalities might have laws that do limit the landlord’s ability to evict under certain circumstances. If faced with eviction, a tenant should consult with an attorney to see what rights or recourse he or she may have; if the tenant can’t afford an attorney, he or she should try the state legal aid office or possibly a law school—some have clinics that provide housing law help.

Other things to try:

First, eviction is very “technical” in the sense that if the rules and procedures are not followed properly, it will not be ordered. The landlord can always try again later, but if he or she did something wrong when they sought eviction (such as not providing enough notice; not providing the right kind of notice; or not serving the notice on the tenant properly), the tenant may at least be able to delay matters and force the landlord to re-file.

Second, there are a number of charities and organizations that help tenants in financial distress. Often the held is just with a month or two of rent, but that can at least buy the tenant more time. A tenant who can’t make his or her rent should talk to these organizations, and legal aid attorneys will often be able to refer tenants to one or more of them.

Third, there are some government housing subsidies or support available for low-income renters. A tenant having financial difficulty should contact the city or state department of housing to see if he or she qualifies for any such subsidies or assistance.

Case Studies: Extreme Hardship and Eviction

Case Study 1: Eviction for Non-Payment of Rent

Sarah, a tenant, lost her job and was unable to pay her rent for several months. Despite her extreme hardship, her landlord proceeded with the eviction process. Sarah consulted with an attorney, who advised her on her rights and options. While Sarah’s extreme hardship was considered unfortunate, the landlord had the legal right to evict her for non-payment of rent. Sarah explored local resources and organizations that could provide rental assistance, which helped her secure temporary financial support and avoid immediate eviction.

Case Study 2: Breach of Lease and Eviction

David, a tenant, repeatedly violated the terms of his lease agreement by engaging in illegal activities on the rental property. His actions posed a danger to other tenants and the community. The landlord initiated the eviction process based on David’s breach of the lease. David argued that his extreme hardship, including mental health issues and financial instability, should prevent the eviction. However, the court ruled in favor of the landlord, emphasizing that extreme hardship does not excuse a tenant’s breach of the lease agreement.

Case Study 3: Local Laws Limiting Eviction

In a city with specific tenant protection laws, Maria faced eviction after falling behind on her rent due to unexpected medical expenses. Recognizing the extreme hardship Maria was experiencing, the city’s local laws required landlords to consider alternative solutions before proceeding with eviction. Maria worked with a tenant advocacy group, which helped negotiate a repayment plan with her landlord. The plan allowed Maria to catch up on her rent over a reasonable period, preventing eviction and providing her with the opportunity to recover financially.