Omar Bennett
Self-help eviction occurs when a landlord evicts a tenant without following the legal eviction process. This can include changing the locks or removing the tenant's belongings, or refusing to pay utility bills. Such actions are illegal in most states and can result in serious consequences for the landlord, including fines, penalties, and even criminal charges. To legally evict a tenant, landlords must comply with state eviction laws and procedures, regardless of the tenant's behaviour or actions. This may include giving the tenant a written notice and following the steps required for a lawsuit or settlement.
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What You'll Learn
Changing locks
Changing the locks on a rental property is a sensitive issue that must be handled with legal compliance and mutual respect. While the legislation varies across different states, changing locks is generally deemed a "'self-help' eviction" and is illegal in most states.
In most cases, landlords cannot change the locks solely for non-payment of rent by the tenant or as a way of forcing an eviction. Even in the midst of eviction proceedings, it is usually unacceptable and illegal to lock a tenant out of the property. This is considered a violation of state eviction laws and can lead to serious consequences, including penalties, fines, and legal fees. Tenants who face illegal eviction through lock changes have the right to file lawsuits for property damage claims and may be entitled to monetary damages.
However, there are certain circumstances where changing the locks may be permissible. For example, if a tenant abandons the property without notice or intention to return, landlords may have the right to change the locks. Still, they must carefully adhere to all relevant laws and ensure proper written notice is provided in advance. In some states, landlords may be able to lock out a tenant if the tenant and their family have left the property for a specified period, taken their belongings, and have not paid the rent.
It is important for landlords to exercise caution and seek legal advice to ensure compliance with local laws and to avoid disputes. Changing locks without following proper procedures can lead to significant legal risks, including financial consequences and eviction complications. While tenants typically cannot change locks without the landlord's written permission, they may do so in emergency situations, such as domestic violence or stalking, but must notify the landlord and provide new keys within a specified timeframe.
In summary, changing locks as a means of eviction is generally illegal and can result in serious consequences for landlords. It is crucial for landlords to follow the formal eviction process and for tenants to understand their rights and legal options in such situations.
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Moving tenant's property
Self-help evictions are illegal in all states, and landlords must follow the proper legal eviction procedures. If a landlord takes matters into their own hands and evicts a tenant without following the legal requirements of their state, it is known as a "self-help eviction".
In the context of moving a tenant's property, a self-help eviction would include a landlord tossing a tenant's belongings out onto the street or removing their property to deny them its use and value. This is a serious offence and can result in major legal consequences for the landlord, including law enforcement action or a private court case filed by the tenant.
To lawfully evict a tenant, a landlord must first provide a written "notice to vacate". This notice period is typically three days, unless the lease or state law specifies otherwise. For example, the federal CARES Act requires a 30-day notice if the property participates in certain federal programs or if the landlord has a federally-backed mortgage. The notice can be delivered in person or by mail, and it must be provided to the tenant or someone in the household over the age of 16. If the tenant cannot be reached, the notice may be affixed to the inside or outside of the main entry door.
After the notice period has passed, the landlord can then file an eviction suit in court. Even after winning the eviction case, the landlord must wait for the court to order the Sheriff or Marshal to carry out the eviction and removal of the tenant's property.
It is important to note that the eviction process can vary slightly between states and jurisdictions, and temporary bans on evictions may be enacted during specific circumstances, such as the COVID-19 pandemic. As such, it is advisable for both landlords and tenants to seek legal advice or assistance from local organisations to understand their rights and obligations during the eviction process.
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Refusing to pay utility bills
A self-help eviction is when a landlord attempts to evict a tenant without following the legal eviction process. In most states, self-help evictions are illegal and can lead to serious consequences for the landlord, including fines and penalties. For example, in Philadelphia, a self-help eviction occurs when a landlord attempts to remove a tenant from a property by physically removing the tenant, threatening the tenant’s health or safety, intimidating the tenant, or performing any other action to prevent the tenant from occupying the property.
If a tenant is responsible for paying utility bills under the lease agreement, the utility company can shut off the utilities if the tenant fails to pay. However, the landlord is not allowed to disconnect the utilities themselves or interfere with the tenant's utility services as this can be considered a self-help eviction, which is illegal. If a landlord is responsible for paying a utility bill and refuses or fails to pay, the tenant has the right to take legal action or deduct the cost of those utilities from the rent.
To avoid issues with non-payment of utility bills, landlords should ensure clear lease agreements and open communication with tenants. Understanding the local laws and tenant rights regarding utility responsibilities is crucial. If a tenant is struggling to pay their utility bills, landlords can open a dialogue to discuss possible solutions, such as payment plans or financial assistance programs. Taking legal action through small claims court or eviction proceedings may be necessary if a tenant refuses to pay their utility bills and violates the lease agreement. However, it is important to prioritize compliance with local laws and seek legal advice if needed.
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Harassment or threatening behaviour
In California, for example, the California Civil Code, specifically Sections 789.3 and 1940.2, outlines strict protections for tenants against self-help evictions. Section 789.3 prohibits landlords from engaging in forcible entry or detainer, interrupting utility services, preventing tenant access by changing locks, or removing tenant belongings. Section 1940.2 further reinforces these protections by prohibiting landlords from using or threatening the use of force, willful threats, or menacing conduct that interferes with the tenant's peaceful enjoyment of the property.
To avoid legal repercussions, landlords should refrain from engaging in any form of harassment or threatening behaviour towards tenants and instead follow the legal eviction process outlined by their state's laws. This typically involves providing written notice to the tenant, advising them of the reason for eviction and allowing them the opportunity to resolve the issue or vacate the property within a specified timeframe.
If tenants face harassment or illegal eviction attempts, they can seek legal assistance from a real estate or tenant rights attorney. They may also be able to obtain a restraining order or pursue other formal actions to protect themselves and hold landlords accountable for their unlawful actions.
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Failing to maintain the rental unit (e.g. severe insect infestations, preventing tenants from obtaining electricity, and failure to provide heating)
Self-help eviction is when a landlord reclaims possession of their rental property without going through the steps of the legal eviction process. It is illegal in almost every state and can open property owners, landlords, and property managers to significant liability.
Failing to maintain the rental unit, for example, by allowing severe insect infestations, preventing tenants from obtaining electricity, or failing to provide heating, can constitute self-help eviction if the landlord is attempting to force the tenant to vacate the property. In such cases, the tenant may file a claim for wrongful eviction, arguing that the landlord violated state eviction laws or evicted them in an unlawful manner.
Landlords have a responsibility to maintain the habitability of the rental unit, and failing to do so can constitute a breach of the warranty of habitability, which is a legal contract between the landlord and tenant. This warranty guarantees that the rental unit is fit for human habitation and that the tenant can live there safely and without significant health risks. Severe insect infestations, for example, can pose health risks and make the unit uninhabitable.
Similarly, preventing tenants from obtaining electricity or failing to provide heating can also make the unit uninhabitable. Utilities are essential services that landlords must maintain. Even if the utility bills are in the landlord's name, shutting off essential utility services while a tenant is living there is illegal. By failing to provide these essential services, a landlord may be attempting to make the rental unit uninhabitable, forcing the tenant to vacate the property without going through the legal eviction process.
If a tenant believes they are the victim of a self-help eviction due to the landlord's failure to maintain the rental unit, they can seek legal assistance from a real estate or tenant rights attorney. They may be able to file a claim for wrongful eviction and seek compensation for any expenses incurred due to the landlord's illegal actions.
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Frequently asked questions
Self-help eviction occurs when a landlord evicts a tenant without following the legal eviction process. This can include actions such as changing the locks or interfering with a tenant's rights. Self-help evictions are illegal in most states and can result in legal consequences for the landlord.
Examples of actions that may constitute self-help eviction include changing the locks, tossing a tenant's belongings out on the street, refusing to pay for essential utilities such as water or electricity, or failing to address severe issues such as insect infestations or a lack of heating.
If a tenant believes they have been a victim of self-help eviction, they can file a claim for wrongful eviction and may be able to seek monetary damages for any losses suffered. Tenants can also speak to a real estate or tenant rights attorney to explore options such as seeking a restraining order or other formal actions to fight the eviction.
