Evictions - a Hidden Social Problem. Comparative Evidence from Modern Welfare States.

Sten-Åke StenbergSwedish Institute for Social Research (SOFI)

Igor van LaereDr Valckenier outreach practice for homeless people GGD Municipal Public Health Service Amsterdam

An eviction is the ultimate consequence of a conflict between a landlord and a tenant.

The relationship is regulated by a lease.

If the tenant violates the lease the landlord can terminate the tenancy for cause.

An eviction is the removal of a tenant from the premises of a landlord.

In most cases the grounds are nonpayment of rent (70-90 %), anti-social behavior accounts for 5 %.

A substantial share of these households ends up in homelessness

The eviction process

1. A notice to quit from the landlord to the tenant

2. The landlord takes the case to court

3. Summary Proceeding, Unlawful Detainer, Accelerated Possession Procedure

4. If eviction is granted, it is handed over to an executive authority/a law enforcement officer (bailiff, sheriff, marshall etc.).

5. Eviction executed

(Other aspects like interventions from social authorities.)

This formalized process is not the only way a tenant can become homeless.

Long before the bailiff stands on the doorstep in order to execute an eviction, tenants may simply give up and move.

If statistics about formal evictions is rudiment in most countries, we know next to nothing about these “informal” evictions.

The eviction process

Evictions in the literature

Computerized bibliography searches of appropriate electronic databases

Biased towards studies written in English and published literature indexed by the electronic database systems

Table 1. Data sources

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Source Coverage

Cinahl 1981-

Criminal Justice Abstracts 1968-

EconLit 1969

ERIC 1966-

IBSI 1951-

Political Science Complete -

PsycINFO 1840-

Social Services Abstracts 1980-

Sociological Abstracts 1952-

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Table 2. Search terms

Topic Policy area Legal area

Eviction* Housing* Tenant*

Apartment* Landlord*

Dwelling* Lease*

Notice to quit

Possession*

Proceeding*

Bailiff*

Marshall*

Sheriff*

Self help

Distraint*

Foreclosure*

Arear

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Flow chart of the search/inclusion process

Electronic database searches

n=10

Potentially relevant studies

n=274

Eviction subordinate

n=76

News articles

n=13

Eviction in focus

n=40

Electronic database searches

n=10

Magnitude of evictions

Statistics published in local languages.

Statistics are mostly collected for administrative reasons.

Numbers only given for some of the stages in the process

Possible explanations for international variation

1. Composition of housing market

2. Number of households with leases (homelessness)

3. Legal system

- The regulated time period between the rent arrear and when the landlord can file the case in court

- Duration of the process: Civil law countries have longer duration compared to common law countries

Possible explanations for international variation

4. Social policy

- Social security

- Housing benefits

- Social housing

- Care for mentally deranged

- Quality signaling and referral systems to support problem households

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Table 3. Number of proceedings to court,

court orders and executed evictions.

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Housing stock

Proceedings Orders Executed

Pop. 15 years and older Total Rental

Scandinavian 

Denmark 20,622 3,762 4,378 2600 900

Finland 7,328 1,448 4,301 2600 900

Sweden 35,174 3,004 7,378 4400 2000

German

Austria 43,192 30,171 13,411 6,851 3300 1400

French

Netherlands 22,605 8,550 13,250 6800 3100

Portugal 17,186 3,651 5300 1100

Spain 3,637 14,428 21000 2300

Socialist

Poland 6,563 5,040 2,527 13,337 12700 2900

English

UK 161,422 117,357 24,200 25600 7800

1313

Table 4. Number of proceedings to court, court orders

and executed evictions by population size and housing

stock

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Legal origin/Country

Duration from filing of complaint to eviction

Proceedings to court Orders Executed

Pop. 15 year and older

Total housing stock

Rental Pop. 15 year and older

Total housing stock

Rental Pop. 15 year and older

Total housing stock

Rental

Scandinavian

Denmark 225 - - 4.71 7.83 17.02 0.13 1.43 3.10

Finland 120 1.70 2.85 8.37 - - - 0.34 0.56 1.66

Sweden 187 4.77 8.08 18.80 - - - 0.41 0.69 1.61

German

Austria 547 6.31 13.17 32.92 4.40 9.20 23.0 1.96 4.09 10.22

French

Netherlands 52 - - - 1.71 3.32 7.29 0.65 1.26 2.73

Portugal 330 - - - 1.95 3.23 15.39 - - -

Spain 183 0.10 0.17 1.58 - - - - - -

Socialist

Poland 1080 0.21 0.52 2.07 0.16 0.40 1.59 0.08 0.21 0.80

English

UK 115 3.31 6.31 20.33 2.40 4.58 14.78 - - -

The Netherlands

Rent arrears

1. Immediately a letter reminding the tenant

2. After 6-8 weeks households are informed of the possibility of seeking assistance from a debt control agency. It is the tenant’s responsibility to contact the agency!

The Netherlands

3. The bailiff is contacted by the landlord after 10 to 12 weeks.

4. If households do not cooperate, and the financial

situation is not solved within the next 2 to 4 weeks, the

household will be presented to the judge for a court

order for eviction

Totally ~ 6 months from rent arrear to eviction

The Netherlands

Social rent sector 2.4 million dwellings

2007: 237,000 households had rent arrears and 22,605 received an eviction court order (0.9%).

Evictions:

1995: 6,020 (0.25 %)

2005: 8,134 (0.34 %)

2007: 8,550 (0.36 %)

The Netherlands

Reasons for evictions (n=8,550)

rent arrears 78 %

illegal subletting 10 %

nuisance / anti-social behavior 5 %

illegal cannabis production 4 %

non specified reasons 2%

Sweden

Rent arrears

1. Notice to quit 7 days after the rent is due, at the same time the landlord must inform the local social authorities.

2. If the rent is paid within 3 weeks after the notice to quit the tenant regains the lease.

3.Two business days after the three week period the bailiff can make a decision of eviction.

Totally 1-2 months from rent arrear to eviction

Sweden

Applications to bailiffs Executed evictions

2000: 13,955 5,055 (36%)

2008: 9,458 4,713 (50%)

Households with children

2008: 2,365 718 (30%)

Sweden

January-June

Evictions Households with children

2008: 1,530 381 (25%)

2009: 1,525 343 (22%)

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Figure 2. Evictions in Sweden 1970-2008

0

5000

10000

15000

20000

25000

30000

35000

40000

45000

1970

1972

1974

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1978

1980

1982

1984

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1988

1990

1992

1994

1996

1998

2000

2002

2004

2006

2008

Year

Num

ber Proceedings to courts

Applications to bailiffs

Executed evictions

Evictions in Sweden

Conclusions

• Evictions are a hidden social problem• Evictions are neglected by scholars

– 10 data bases: 275 articles: 40 evictions in focus

• No international comparisons possible• Internal eviction geography is needed• Call for comparable monitor systems• Call for integral scientific approach