Preventing Evictions: A guide for community partners

Community partners are often the first people to hear when a household is struggling to pay rent. Whether you work in social services, education, healthcare, faith communities, or community outreach, your actions can help prevent an eviction from becoming a housing crisis.

The most important message to share with clients is simple: act early. The sooner a person seeks financial assistance, legal information, and housing support, the more options they may have to stay housed and avoid the long-term consequences of an eviction filing.

 The First Step: Seek Financial Assistance Immediately

When someone realizes they cannot pay rent in full, they should begin looking for financial assistance right away. Waiting until a landlord serves an eviction notice - or files a court case - can make it harder to find solutions.

Community partners can encourage clients to:

·         Apply for emergency assistance as soon as they fall behind on rent.

·         Contact county, Tribal, and community-based assistance programs.

·         Communicate with their landlord about payment difficulties.

·         Keep copies of notices, payment records, and communications with the landlord.

·         Seek legal information and housing support early.

 Many nonpayment-of-rent evictions can be prevented when tenants are able to access financial assistance or negotiate a payment arrangement before a case reaches court. Minnesota law generally requires landlords to provide written notice before filing many nonpayment-of-rent eviction actions, creating an important window for tenants to seek help.

 Encourage Clients to Contact SMRLS Early

If a tenant receives an eviction notice or learns that an eviction may be filed, community partners should encourage them to contact Southern Minnesota Regional Legal Services (SMRLS) as soon as possible.

Although tenants typically will not speak with a housing attorney until their court date, early contact with SMRLS can help them understand the process, learn what documents to gather, and determine whether they may be eligible for assistance through an eviction clinic.

Early preparation is especially important because eviction cases move quickly and tenants often have limited time to respond once court papers are served.

 If an Eviction Case is Filed

When a landlord files an eviction action, the tenant will receive court papers called a Summons and Complaint. These documents provide information about the hearing date and how to participate.

Today, eviction hearings in Minnesota are generally conducted remotely through Zoom, although procedures may vary by court. Tenants should carefully read all court paperwork and instructions so they know how to join their hearing.

Community partners can help remind clients to:

·         Read all court papers carefully

·         Contact SMRLS as soon as they receive the paperwork

·         Attend their hearing

·         Join the hearing on time

·         Review any instructions about participating remotely

·         Continue seeking financial assistance for nonpayment of rent

Missing a hearing can result in an automatic judgment for the landlord, even when a tenant may have defenses or options for resolving the case.

 Help is Often Available on the Court Date

SMRLS and other legal aid organizations staff eviction clinics at many court hearings. Eligible tenants may have the opportunity to speak with an attorney on the day of their hearing and receive advice about their case.

·         The clinic may help tenants:

·         Understand the eviction process

·         Identify possible legal defenses

·         Negotiate payment plans or settlement agreements

·         Explore options for resolving the case without a trial

 Because the clinic generally operates on the hearing date, it is important for tenants to contact SMRLS before court and to attend their scheduled hearing.

 Many Eviction Cases Settle

Not every eviction case ends with a court requiring a tenant to move. In many situations, landlords and tenants are able to reach agreements that address the underlying issue.

Possible resolutions may include:

·         Payment agreements for overdue rent

·         Plans that give tenants time to obtain financial assistance

·         Move-out agreements that provide additional time to relocate

·         Settlements that address concerns raised by either party.

 Even if a tenant believes they have reached an agreement with their landlord, they should still participate in their scheduled court hearing unless the court instructs them otherwise.

 When a Legal Referral May Be Even More Important

Community partners are not expected to provide legal advice, but they can help identify situations where a referral may be appropriate.

Legal issues may exist when:

·         A landlord failed to provide required notices

·         Court papers were not served properly

·         The amount of rent owed is disputed

·         Serious repair problems affected the home’s condition

·         The tenant believes the landlord is retaliating against them.

·         A disability-related accommodation may be needed

·         Domestic violence, stalking, dating violence, or sexual assault contributed to the alleged lease violation

In these situations, legal assistance may help tenants better understand and protect their legal rights.

 A Lasting Impact on Housing

Eviction filings can remain part of the public record and may affect a person’s ability to secure housing in the future.

For this reason, helping tenants avoid an eviction filing - or successfully resolve a case - is often critical not only for their current housing situation but also for future housing opportunities.

What Community Partners Can Ask

A few simple questions can help identify people who may need support:

·         Are you behind on rent?

·         Have you applied for financial assistance?

·         Have you received a notice from your landlord?

·         Have you received court papers?

·         Have you contacted legal aid?

Early action, financial assistance, and timely referrals can make a significant difference. By connecting tenants to resources as soon as rent becomes unaffordable, community partners can play a key role in preventing housing instability and helping families remain housed.