Illegal Evictions

Landlords must remember changing locks or cutting-off utilities to force a tenant to vacate their rental property can lead to various penalties being slapped on them.

No matter how frustrating the outrageous behaviour of an unruly tenant is misdemeanours that would test the patience of a saint, let alone that of a sorely tempted landlord. However, bypassing regular legal proceedings and taking direct and immediate action to protect one’s property is not the best solution.

For example, if despite numerous promises, a tenant fails to pay rent, it is possible it may cross the mind of a landlord to change the locks and throw his / her personal belongings out on the street. Or, in case the landlord is the person responsible for paying utility bills, he / she may simply not pay the bills, resulting in a utility shut-off; all in the hope the resultant lack of water, gas, or electricity will lead to the property being vacated.

Regardless, it is not in a landlord’s best interests to take matters into their own hands thinking their behaviour is excused by a tenant’s deplorable conduct. No matter, the tenant has not paid rent, has left the property damaged or in a garbage heap mess, perhaps indulged in verbal abuses, or acted scandalously, none of it will prove to be valid defence for you. It may well land you on the wrong end of a lawsuit for trespass, assault, battery, slander or libel, intentional infliction of emotional distress, and wrongful eviction. You can be certain, the defence for this lawsuit will cost a pretty penny, far more, than if you were to evict an unwanted tenant through legal court procedures.

If you are one of those landlords tempted to take the law into your own hands, in order to force or scare a troublesome tenant off your property, pay heed, just don’t do it! Taking legal shortcuts, such as, threats, intimidation, utility shut-offs, or attempts to physically remove a tenant are illegal and could prove to be dangerous. Even if, the eviction process often entails considerable expense and delay, it is the only legal way to get rid of an undesirable tenant.

Almost, every state forbids self-help evictions, as well as, imposing penalties for breaking the law. A locked-out tenant can sue for actual money losses i.e. the cost of temporary housing, the value of food spoiled in the refrigerator when the electricity was shut-off, or the cost of an electric heater when the gas was shut off. As well, they can also sue for penalties, such as several months rent. Certain states will even allow the tenant to collect and continue to remain on the premises; others only entitle tenants to monetary compensation.

The best advice for landlords is not to run the risk of serious legal entanglements. Avoid self-help evictions as you might invite false claims, with the tenant claiming lost possessions when they were removed from his / her rented accommodation. Far, far better to use a neutral law enforcement officer to enforce a judge’s eviction order.

However, landlords can avoid litigation issues by screening prospective tenants and employees, or by conducting background checks on them. Visit www.e-renter.com for tenant screening and background check services.