Beto O’Rourke, with widespread backing, is considering running for president in 2020. If Democrats want to lose, he absolutely should. Nothing has been learned from Hillary Clinton, the two-time heiress apparent who, in 2016, had the support of nearly every mainstream media outlet, who entered the final stretch of her last race with a $ 449… Opinion | New York Post
Receipt collectors are about to be disappointed. This year marks the first in which the Tax Cuts and Jobs Act is in effect. That means many of the tax breaks you claimed on your 2017 return will be off the table for 2018. Real Estate
A few months before the housing market began to implode, 22-year-old Alisa Daly and her boyfriend — now husband — were expecting their first child.
Working at a small trucking company in Arizona, she was close friends with the office manager, and her mother worked for the same firm. So Daly was shocked when her mom called and told Daly she was about to be laid off. Then, a few months after that, the couple’s car broke down and her boyfriend was fired when he didn’t show up for work.
“It made us feel miserable, overwhelmed, depressed and angry,” Daly says. “We couldn’t get a job anywhere, doing anything. And no one would hire someone that was pregnant.”
As a renter in 2007, she was able to avoid eviction, unlike the 958,000 tenants who were evicted during the housing crisis. But she was on the precipice of a life-changing, community-altering tragedy, according to recent data compiled by the Eviction Lab, a project spearheaded by Princeton University professor Matthew Desmond with millions of dollars in support from the Gates, JPB and Ford Foundations and the Chan Zuckerberg Initiative.
Luckily, Daly, now a homeowner, negotiated a week-to-week payment plan to avoid falling behind in rent — demonstrating what experts say is your best bet if you’re facing eviction. She said dividing the rent into weekly amounts made it easier to budget for.
But when she moved to break her lease after an attempted burglary at her apartment, she also avoided any additional fees by hiring a lawyer and arguing that the landlord had violated the lease by not maintaining the apartment adequately — another option to fight an eviction proceeding.
Even as foreclosures have fallen 67% since the Great Recession, rental evictions declined only 9.6% to 898,479 in 2016, the latest year that statistics are available. And with experts growing concerned about housing affordability, particularly for renters, and wages remaining mostly stagnant, the eviction epidemic is likely to continue.
“If you live in a community that is plagued by eviction, then it is absolutely an epidemic, but it’s an epidemic that’s always been occurring,” said David Dworkin, president and CEO of the National Housing Conference and former housing policy adviser at the U.S. Treasury Department. “And if you don’t live in one of those communities, it’s an epidemic that’s been easy to ignore.”
Here’s Some General Advice on How to Stop an Eviction
Since the Eviction Lab had difficulty compiling all eviction records from some states, including New York and California, the real numbers of people evicted are likely in the millions each year. It could be your neighbor. A family member. It might even be you.
As Alisa Daly’s story shows, you could end up facing eviction through no fault of your own.
Maricopa County, Arizona, Judge Pro Tem Jeremy Rovinsky can see 100 eviction proceedings during a busy day as he does temporary time behind the bench in civil court.
“It’s very difficult for me I have to look people in the eye, people who are struggling, people who are suffering, and tell them they have to leave their home,” he says. “The worst part of my job is having go look them in the eye and say this is the law.”
So how does an eviction work?
First, it’s illegal for landlords to try to evict you by themselves by changing the locks, turning off utilities or through any other method. They must go through the court system.
In most cases, you’ll be served with a notice to vacate, after which you will go before a judge. Be aware that it’s rare for a tenant to win an eviction case for nonpayment. If the judge rules in favor of the landlord, a law enforcement officer will show up and you’ll be forced out of your home.
Although specific eviction laws vary state-by-state, there are some general things you can do if you are facing eviction due to nonpayment of rent. Below, you can see the specific time frames landlords must follow during eviction proceedings, depending on your state.
Negotiate Any Way You Can With Your Landlord or Leasing Company
Usually, it’s in your landlord’s best interest to work out a payment plan so you don’t fall too far behind on rent. For Daly, that meant a week-to-week plan, but it could even be a grace period until you get back on your feet.
But be certain you get whatever agreement you come to in writing.
“[The landlord] neither wants the headache of going to court [n]or that apartment empty,” Rovinsky says.
Documents, Documents, Documents
Depending on your state, or county, there are technicalities that could force your landlord to halt eviction proceedings. These include failure to keep up the property or any sort of retaliation for demanding the landlord follow local tenant laws.
But you’ll need plenty of evidence. Hang on to your lease and read it thoroughly — or if you lost it, pick up a copy from your local Clerk of the Court. Save emails, memos and letters from your landlord and take photos of the property.
“Pictures really are worth 1,000 words in these situations,” said Alan Mills, executive director of the Uptown People’s Law Center in Chicago. “Judges have to figure out who’s telling the truth, and the more documentation, the better chance you have.”
Find a Legal-Aid Service or Church Group Near You
With all of the fine print in each state’s landlord-tenant laws, it was difficult enough just researching this article. If you lose a job, and especially if you have a family to look after, it can be head-spinning to figure out your legal options in an eviction process.
For one, know that a landlord can never lock you out or turn off the utilities — so stay calm and figure out your next move with the help of a local legal-aid office. Most are low-cost or free, and because they focus on working with marginalized folks, they’ll likely have an expert on tenants’ rights.
Rovinsky, the Arizona judge, recently had an eviction case in which a church congregation stepped in with $ 500 so a tenant could afford to avoid eviction for at least that month. Sometimes it can take just a month for you to get back on your feet.
Have a Backup Plan if You Can’t Fight the Eviction
“Make a contingency plan,” Mills says. “The worst thing that can happen to anyone is having the sheriff come put your stuff out on the street.”
That means using what savings you may have to rent a cheap storage unit for a month. And make sure you have a plan to keep your kids and family in place — whether that be with relatives or a homeless shelter.
Once you are stabilized, know that an eviction will remain on your record. So before you pay for a background check when you are looking for a new apartment or home to rent, be up front with the landlord. You could spend half a month’s rent on background checks alone if you get denied a few times, Mills said.
But don’t lose hope; nonpayment of rent is the least harmful type of eviction to have on your record.
“If landlords only rented to people who have never been evicted, there would be a lot of open property,” Rovinsky said. “It doesn’t mean you’ll never rent again or that your life is over.”
Here Are State-By-State Eviction Guidelines
These brief guidelines will help you understand the timeline and some rights you have as a tenant if you can’t pay rent on time. There are many legal variations in each jurisdiction and even by housing type — and we are not authorized to give legal advice — so we have provided contact numbers for legal-aid services and tenants’-rights groups.
These organizations should help you understand your rights better and may help fight a potential eviction.
The Penny Hoarder also analyzed eviction rates — the percentage of rental properties where tenants faced an eviction in 2016 — to show the cities with the most evictions. For context, the national eviction rate is around 2.3%.
In Alabama, the landlord must give the tenant notice and seven days to vacate unless the rental agreement is met. During that week, the tenant can pay the rent and the landlord is legally not allowed to pursue an eviction.
In Arizona, where Rovinsky hears cases, tenants have five days’ notice ahead of being evicted. But there are three ways to fight an eviction in this state: Pay the rent in full within the five days; pay the rent in full and cover any applicable late fees after five days; or, before a final judgment, pay the rent, late fees and any court costs.
Drexel Heights — 6.15%
Tucson — 6.03%
Casas Adobes — 2.91%
Marana — 2.53%
Catalina Foothills — 1.99%
In Arkansas, landlords have two ways to evict you from your rental: a civil lawsuit or a criminal charge. If they pursue the former, they have to give you a three-day written notice that they will be suing you for “unlawful detainer” if you don’t vacate the property. After you receive a court summons, you have five days to object to the eviction.
In the case of a criminal charge, they will give you a 10-day notice of failure to vacate. If you don’t leave in 10 days, you’ll be charged with a misdemeanor and could be fined up to $ 25 for each additional day you stay.
Like California, Colorado also provides a three-day window before landlords can move to evict a tenant. But in this state, if you pay rent within that three-day period, the landlord can’t proceed with the eviction. If the tenants move out within three days, they are still liable for rent, and if the security deposit doesn’t cover the amount owed, the landlord may sue the tenant for the difference.
Connecticut has one of the more lenient nonpayment-of-rent laws, with the tenant given a nine-day period before the landlord can begin pursuing an eviction. But after that time frame, the landlord can give a three-day notification to move out of the rental.
Then, as in other states, a judge will weigh both sides during an eviction hearing if the tenant wants to challenge the eviction.
Tenants in Delaware have five days after the missed rent period to pay their landlord (once served with a notice to pay). If they don’t pay in that time frame, they will have to either fight the eviction in court or vacate the premises.
In Washington, D.C., a landlord has to provide a 30-day window for the renter to pay rent in full with an official notice. But this is sometimes waived in rental agreements.
If a judge rules in favor of the landlord, the tenant has three days before removal from the property. D.C. is also a “pay-and-stay” jurisdiction, where tenants have until U.S. Marshals remove them from the rental to pay the rent and associated late fees.
In the Sunshine State, a landlord must send an official three-day notice for the tenant to pay rent. If the tenant pays within three business days of receiving the notice, the landlord cannot legally proceed with an eviction. But, if you fail to pay rent within those three days, you will be served with a summons and have five days to respond to the eviction lawsuit
Landlords in Georgia do not have to wait between notifying tenants about missing rent and filing an eviction notice. So once tenants receive a notice, they may end up in eviction court right away.
Also, Georgia law doesn’t require a written eviction notice, so a landlord can verbally serve an eviction notice. But Georgia law does allow the tenant to pay without penalty the owed rent within seven days after receiving a court summons.
Indiana may have a high eviction rate compared with the rest of the country, but it does have a more lenient landlord-tenant law, at least when it comes to the notice. Landlords are required to provide a 10-day written notice before filing suit, during which time the tenant can pay back rent.
Iowa landlords are required to give tenants a three-day window to pay the owed rent before filing an eviction lawsuit. If the tenant pays rent during that time frame, the landlord can’t sue for eviction.
In Kentucky, tenants are given a seven-day window to pay rent before a landlord can pursue eviction. But like most states, a tenant can fight the eviction in court if the landlord did not hold up his or her end of the lease agreement.
Louisiana law calls for a five-day notice before a landlord can file an eviction lawsuit. However, that five days is only a grace period to vacate; the state does not allow the tenant to pay rent and avoid eviction.
In Minnesota, landlords aren’t required to give any notice before pursuing an eviction unless the tenant is “at will” — meaning under an informal, usually month-to-month lease. In that case, a landlord must provide a 14-day notice to vacate before suing for eviction.
Unlike most states, Missouri doesn’t have a specific time requirement for a landlord to demand rent before filing an eviction. However, most legal sites do recommend that landlords give at least three days’ notice.
Nevada state statutes require landlords to serve a tenant with a five-day notice to pay rent before proceeding with an eviction. If the tenant pays rent in that window, the landlord can’t pursue the eviction.
New Hampshire law provides a one-week time frame for a tenant to pay rent to avoid eviction. This seven-day period begins when the landlord serves the tenant with a written notice, and tenants can pay rent in full plus $ 15 during that period.
New York — 1.615 (Bronx, 6.23%, Brooklyn, 1.28%, Staten Island, 3.42%)
Watertown — 1.45%
Middletown — 0.95%
If a tenant is late paying rent in North Carolina, the landlord must serve a written notice that gives the renter 10 days to pay before filing an eviction. If the tenant pays within that window, the landlord can’t proceed with the eviction.
In North Dakota, a landlord must provide the tenant a three-day notice of eviction, and it must be served by a process server or deputy.
In Ohio, the landlord must give a tenant a three-day notice before suing for eviction. However, unlike in other states, the landlord is not obligated to accept a rent payment during that period or halt the eviction process.
Oregon has a more lenient law for nonpayment of rent, with a landlord required to wait eight days before serving the tenant with a notice of eviction. Then, the tenant has three days to pay rent or face an eviction lawsuit.
But the landlord has another option: Serve a six-day notice to pay rent on the fifth day after rent is due. Both give 11 days for a tenant to catch up on rent.
In Rhode Island, tenants have 15 days to pay rent after the due date before a landlord can serve them with a five-day notice to pay. If the renters don’t pay in those five days, the owner can pursue an eviction.
South Carolina law requires the landlord to serve a five-day written notice when the tenant is late with rent before filing an eviction lawsuit. However, the landlord can file suit without notice if the following language is in the lease agreement:
“IF YOU DO NOT PAY YOUR RENT ON TIME. This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.”
A landlord has two options for evicting a tenant for failure to pay rent. The owner can issue a five-day notice, in which time the tenant can pay up to avoid eviction. Or the owner can issue a 14-day notice to vacate, in which the tenant has no choice but to move out or face eviction.
Alex Mahadevan is a data journalist at The Penny Hoarder.
This was originally published on The Penny Hoarder, which helps millions of readers worldwide earn and save money by sharing unique job opportunities, personal stories, freebies and more. The Inc. 5000 ranked The Penny Hoarder as the fastest-growing private media company in the U.S. in 2017.
TELL US ABOUT YOUR LATEST BOOK, THINK YOURSELF THIN A 30 DAY GUIDE TO PERMANENT WEIGHT LOSS?
After helping folks lose over 2 million pounds, I realized the most overlooked factor for permanent weight loss, is MENTAL MASTERY… That means you have to have motivation, discipline and focus to get to your goal weight. You must get your mind right and, Think Yourself Thin gives you the strategies, habits and behaviors to get to your goal weight once and for all.
IS IT TRUE THAT IT’S NOT HEALTHY TO LOSE A CERTAIN AMOUNT OF WEIGHT TOO FAST?
Normal weight loss is 1-2 pounds per week, but detoxing accelerates the body’s ability to release toxins, which releases fat, so detoxing increases weight loss, and is safe and healthy.
THERE ARE 5 STAGES OF WEIGHT LOSS, AND MOST PEOPLE QUIT IN STAGE 3? WHAT IS STAGE 3?
Stage 3 is “The Stall” the weight loss plateau….most people quit here. Most people don’t know that a weight loss plateau is normal and happens to everyone so they give up in this stage. But a way to break through a weight loss plateau is to “Trick Your Metabolism” and eat more cheat meals.
THE TYPICAL DIETER’S STRUGGLE INCLUDES 3 SCENARIOS…WHAT ARE THEY?
1) You have lost and gained, lost and gained but still struggling to get to your goal weight. 2) You have tried 3 or more diets, and every new diet that hits the market, but still haven’t gotten to your goal weight. 3) You have given up on getting to your goal weight because it’s been too difficult. Think Yourself Thin solves all of these struggles.
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So the results have been pretty amazing! Green Smoothies are made up greens, fruit and water… Best part is their healthy, filling and delicious… So it’s nothing like those nasty green drinks. Some recipes people write me saying they can’t believe how good they taste and how their kids keep drinking up their green smoothies.
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80% OF PEOPLE WHO LOSE WEIGHT ON A DIET, GAIN IT BACK IN 3-5 YEARS, WHY IS THAT?
To lose weight, you have to get your mind right. Most folks focus on “what to eat,” but they already know, they just can’t stick to healthy eating or a workout regime.
Even after they lose weight, they don’t have the MENTAL MASTERY… That means they don’t have the motivation, discipline and focus to keep the weight off, which is why I wrote THINK YOURSELF THIN!
DOES GENETICS PLAY A ROLE IN WEIGHT LOSS?
In a very small way, what you eat plays the most significant role in being slim and healthy. It doesn’t matter what your mom or dad’s size, it matters what you eat every day. 80% of weight loss is what you eat.
NO MATTER HOW MUCH A PERSON WORKS OUT AND EATS HEALTHFUL FOODS SOME PEOPLE TEND TO LOSE A CERTAIN AMOUNT AND THEN CAN’T SEEM TO GET TO THEIR WEIGHT LOSS GOAL – WHY IS THAT?
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IS INTERMITTENT FASTING SAFE?
Intermittent fasting is safe and I teach it in my private VIP group. IF is about when to eat, not so much what to eat. It’s an effective way to burn fat, slow aging and reverse many health conditions.
WHAT ARE YOUR THOUGHTS ON THE KETO OR NO-CARB DIET TRENDS?
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Winter is coming. As the temperature cools outside, we tend to cuddle up in our blankets, sitting in front of the TV, snacking.
Research at Johns Hopkins University found that on average, people can pack on five to seven pounds during colder months. Some of the reasons for the extra weight gain can be attributed to sleeping too much, the heavy calorie count that comes with holiday meals, and the lure of warm comfort foods (pasta!).
But there may be hope for some of us who are looking to lose some weight without much effort. According to a new study published by the British Journal of Nutrition, if you consume cottage cheese before bed, you can lose weight.
Yes, if you are a cheesehead, this may be the diet hack for you. Research showed that eating low-calorie foods helps to boost your metabolism and helps to support muscle strength and your overall health, Women’s Health reports.
Even though we are mostly cautioned againsteating before bedtime, apparently the “no food after 9” rule doesn’t apply to food that is rich in protein.
If you snack on two tablespoons of cottage cheese just a half an hour before hitting the Z’s, it could help improve your waistline.
“Until now, we presumed whole foods would act similarly to the data on supplemental protein, but we had no real evidence,” says Professor Michael Ormsbee, from Florida State University.
“This is important because it adds to the body of literature that indicates whole foods work just as well as protein supplementation, and it gives people options for pre-sleep nutrition that go beyond powders and shaker bottles.”
Of course, any of these tips need to be incorporated into an overall healthy diet and exercise routine. But if a couple spoonfuls of cheese could help us in our weight loss goals, bring it on!