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Eviction Rules & Debt Tools

By brass Staff on November 1st, 2005 • Housing, Credit & Debt, Life
Originally appeared in: Winter 2008Ask brass
Renter Rights

Q. A friend of mine just got an eviction notice but didn’t violate her lease. Is the landlord allowed to evict her?

A. It depends. No one can be evicted without due process or notification. Tell your friend about these contingencies:

  • Month-to-month agreement: The landlord can usually ask you to leave for any reason, as long as they provide enough notice (30 days in most states).
  • Fixed-term lease: You’re safe until the end of the term. If the landlord chooses not to renew the lease, you have to leave when it expires.
  • Notices: The landlord must issue you a notice if you have violated a rental agreement, giving you time to either fix the problem or leave.
  • Discrimination: Your landlord cannot evict you for discriminatory reasons, such as race, religion or ethnicity.

Evictions can be challenged in court. Search “evictions” at nolo.com, and check into your state’s tenant laws.

Credit Edit

Q. I’m overwhelmed by debt. Is credit counseling or a debt management plan a safe place to turn for help?

A. Consider credit counseling if you can’t stick to a workable budget or afford to keep up with your payments.

  • A credit counselor can help you set a budget and make a payment plan.
  • A debt management plan (DMP) might be a good tool if a regular payment plan isn’t working. With a DMP, you typically make a monthly deposit to the credit counseling service, and they pay your creditors with the deposit.

Watch out for counselors who don’t have your best interests in mind. Avoid companies that require substantial fees or make extravagant promises about their effect on your credit report or debt balances.

For helpful tips on how to choose a credit counselor, search “counseling services” at consumeraction.gov. You can also look for Reliability Reports on credit counseling businesses in your state at bbb.org.

Editor's Note: When answering your questions, brass consults with experienced professionals from a wide spectrum of industries. We utilize their expertise to give you the answers you need, but it's always wise to seek additional opinions from other professionals.

Sources: nolo.com; bankrate.com; ftc.gov

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