Eviction lawsuits can destabilize tenants’ lives – even in the event that they win their case

After Charla's landlord didn’t fix leaks that caused the ceiling to collapse in her daughter's bedroom, she withheld her rent. Shortly thereafter, her landlord filed an eviction suit against her for nonpayment.

Although she won the case, Charla and her family needed to proceed living in unsafe conditions while she searched for brand new housing and was repeatedly rejected. She says she spent at the least $2,000 on unsuccessful application fees.

“If we’re on the lookout for a brand new apartment, we cannot try this because we’ve got [filings] in our records, and that’s fallacious,” said Charla, a pseudonym. “I won [my] Case… It's still following me. Why?”

We are researchers who study Housing policy and eviction. Our current research documents the far-reaching extra costs of eviction lawsuits for 29 Pennsylvania tenants who experienced the “best-case scenario” in court.

Every tenant in our study had legal representation and their case was settled with a termination, withdrawal, or victory. None received an eviction notice in court. We asked the tenants in our study to explain the prices and losses that they had incurred since their landlord filed the eviction suit.

We have found that evictions – whatever the consequence of a tenant’s legal process – end in immediate and long-term housing instability, lack of income and job insecurity, damage to physical and mental health, and strained relationships with family and friends.

Permanent stains on tenant documents

Rising rents and stagnating wages have led to evictions Routine process for poor and working-class renters. In 2023, Pennsylvania residents needed to pay the equivalent of 130 hours per week on the minimum wage to find a way to afford the typical cost of renting a two-room apartment.

After a major decline in eviction filings resulting from pandemic-era programs, filing rates in Pennsylvania back to pre-pandemic levelsIn 2023, landlords submitted greater than 114,000 cases against tenants in Pennsylvania. That corresponds to 7 out of 100 renter households.

When a landlord files an eviction suit against a tenant, the court creates a public record. In Pennsylvania, these records remain public indefinitely—even when the records incomplete or inaccuratethe case never goes to court or the tenant wins in court.

Our research confirms that simply being named in an eviction notice is sufficient to leaves a everlasting stain in a tenant's record that has lasting consequences for his or her well-being.

Future rental applications rejected

Landlords’ registration and screening practices are exacerbating the impact of Pennsylvania’s housing crisis and making it difficult for tenants with Eviction documents to search out protected, adequate and reasonably priced accommodation for his or her families.

More and more research results show the increasing dependence of landlords on third parties Tenant screening algorithms and web research for application blanket denials of applicants with eviction orders.

In our study, 8 out of 10 participants said their eviction filing limited their future housing options. Nearly two-thirds of participants who moved after filing for eviction said a possible landlord asked for his or her eviction record, and over half said a landlord specifically denied their application due to it.

“[A] “Many people don't even wish to hear your history. They just see that you simply've been to court and think you're going to be an issue,” said one other study participant.

Because evictions within the USA are disproportionately levied against black and Latino women And Households with childrenTenant screening practices that blacklist applicants based on eviction records Maintaining discrimination within the housing market by denying these groups access to future housing.

Aerial view of rows of colorful terraced houses
In 2023, 7% of renter households in Pennsylvania faced an eviction notice.
Halbergman/E+ Collection via Getty Images

Cycle of instability

Although participants in our study didn’t receive eviction orders in court, the bulk reported that after filing their eviction petition, they were forced to maneuver out for reasons beyond their control. Most attributed this to their landlords' failure to make repairs, which rendered their apartments uninhabitable.

State laws Give tenants the chance to withhold rent if their apartment is uninhabitable and protect them from Retaliatory evictions Yet one in 4 Pennsylvania renters in our study faced eviction for withholding rent for repairs.

Charla said she developed stress-related ailments and was repeatedly hospitalized after filing her eviction petition.

Landlords “put us in situations where we have to move out because they don't want to do repairs. Then they sue us and try to make it look like it's all our fault,” she explained. “The system has failed us.”

A variety of circumstances led to participants being evicted. Some faced ongoing pandemic-related hardships, similar to job loss, reduced work hours, and the death of family members. Others needed to take care of uninhabitable conditionsincluding lack of heating, running water and mold. In some cases, tenants described sexually harassed or intimidated from their landlords. Some experienced Serial lawsuit for forced evictionbecause her landlord had filed several eviction lawsuits against her for a similar property.

In other words, there was often way more behind the tenants' stories than simply the outstanding payment of rent.

About half of the tenants who moved out after being evicted reported a subsequent period of homelessness.

The desperate need for a stable place to live led some landlords to just accept substandard conditions while renting to them despite their history. This is consistent with previous research showing that landlords’ eviction practices and constructing code violations put tenants in Housing and district of last refuge it might probably be harmful to health and well-being.

Our research also found that tenants who’ve already filed an eviction notice are sometimes hesitant to claim their right to livable housing. For example, 43% of participants reported that they’re less willing to commit to repairs after their eviction notice.

Efforts to seal eviction documents

Due to the severity of the Eviction crisis within the USA, significant Inaccuracies within the eviction court data and widespread use of Tenant screening Services, at the least 12 statesincluding California, Colorado And Oregonrestrict public access to eviction records or regulate how landlords can take eviction history into consideration when making rental decisions.

Because tenant screening firms can collect details from eviction records once the knowledge is public, Legal scholar and organizations similar to the American Bar Association, National Coalition for Low-Income Housing And Network for Public Health Law have really helpful laws that routinely and permanently seal eviction records on the time of filing to preserve the confidentiality of the knowledge.

With support from Housing justice advocatesPennsylvania politicians are considering laws to seal eviction records, but are facing Resistance from the owner lobby.

Just like Pennsylvania’s Clean slate lawspassed in 2018 has increased access to housing and economic opportunity for individuals with criminal records. Sealing eviction records can remove unfair barriers for individuals with eviction records. We imagine this can be a essential first step to advertise the access to protected and stable housing that every one Pennsylvanians deserve.

image credit : theconversation.com