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Illegal "Self-Help" Evictions
Landlords
are subject to penalties if they take legal shortcuts, such as changing
the locks or utility shutoffs, to get a tenant out of rental property
From
the Nolo.com Landlord and Tenant Center
As
any experienced landlord will attest, there are occasional tenants who
do things so outrageous that the landlord is tempted to bypass normal
legal protections and take direct and immediate action to protect his
property. For example, after a tenant's numerous promises to pay rent,
a landlord may consider changing the locks and putting the tenant's property
out in the street. Or, a landlord who is responsible for paying the utility
charges may be tempted to simply not pay the bill in the hopes that the
resulting lack of water, gas or electricity will hasten a particularly
outrageous tenant's departure.
Any landlord
who is tempted to take the law into her own hands to force or scare a
troublesome tenant out of her property should heed the following advice:
Don't do it! Shortcuts such as threats, intimidation, utility shutoffs
or attempts to physically remove a tenant are illegal and dangerous, and
anyone who resorts to them may well find herself on the wrong end of a
lawsuit for trespass, assault, battery, slander and libel, intentional
infliction of emotional distress and wrongful eviction. So, although the
eviction process can often entail considerable trouble, expense and delay,
it's the only legal game in town.
Landlords
who take matters into their own hands often think that their behavior
will be excused by the tenant's egregious conduct. However, the fact that
the tenant didn't pay rent, left the property a mess, verbally abused
the manager or otherwise acted outrageously will not be a valid defense.
While the landlord can file her own lawsuit for damages or back rent,
she will very likely lose the lawsuit brought by the tenant for illegally
evicting him. Defending this lawsuit will cost far more than evicting
the tenant using legal court procedures.
Virtually
every state that forbids "self-help" evictions also imposes penalties
for landlords who break the law. Tenants who have been locked out, frozen
out by having the heat cut off or denied electricity or water can sue
for their actual money losses, such as the need for temporary housing,
the value of food that spoiled when the refrigerator stopped running or
the cost of an electric heater when the gas was shut off. They may also
sue for penalties as well, such as several months' rent. In some states,
the tenant can collect and still remain in the premises; in others, he
is entitled to monetary compensation only.
Even in states
that have not legislated against self-help evictions, landlords who throw
tenants out on their own run a risk of serious practical and legal entanglements.
The potential for nastiness and violence is great -- picture the arrival
of a patrol car while tenant and landlord wrestle over the sofa on the
lawn. Landlords are frequently surprised at the appearance of a lawsuit
over the "disappearance" of their tenant's valuable possessions, which
the tenant claims were lost or taken when the landlord removed her belongings.
Using a neutral law enforcement officer to enforce a judge's eviction
order will avoid these unpleasantries.
| Landlords
Who Pretend That Property is Abandoned |
| A few
states allow landlords to freely dispose of a tenant's leftover property
when he has moved out. This is legal only if it is quite clear that
the tenant has left permanently, intending to turn the place over
to the owner. Landlords shouldn't take a tenant's property under the
guise of handling "abandoned" property. Seizing property under a bogus
claim that the tenant had abandoned it will expose a landlord to significant
monetary penalties. |
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to Our Readers:
This article
provides information and general advice about the law. But laws and procedures
change frequently, and they can be interpreted differently by different
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for personalized advice from a knowledgeable lawyer licensed to practice
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