Self-Help Evictions Are Illegal

Taking legal shortcuts to evict a tenant from your rental property by changing locks or cutting off utilities can mean a number of penalties slapped on the landlord.

Talk to any experienced landlord and he / she will attest to the fact, they have had a few tenants indulging in such outrageous acts, as to provide strong temptation to take direct action. For example, a tenant always promising to pay the rent, but never coming up with real cash may fuel a landlord’s rage and the considering of clearing his / her rental property of a tenant’s personal belongings by throwing them out on the street and proceeding to change locks to prevent him / her from getting in. Or else, a landlord responsible for paying the utility charges may refuse to pay the bill, causing a utilities cut-off that leaves the tenant without water, gas or electricity.

In case, you are one of those landlords, sorely tempted to take the law into your own hands, hoping to force a tenant out of your property, pay heed to my advice. DO NOT DO IT! Threats, intimidation, cutting off utilities or attempting to physically remove a tenant is not only illegal it is dangerous, as well. If you attempt any of the above actions, you may find yourself slapped with one or all of the following i.e. a trespassing lawsuit, assault, battery, slander and libel, intentional infliction of emotional distress, including wrongful eviction. Even though, the eviction process involves considerable expense, delay and troublesome litigation, it is your only and best legal recourse.

It is erroneous for a landlord to think or believe a tenant’s heinous behaviour excuses the taking of matters into their own hands. A tenant not paying rent, damaging your property or leaving it a mess, verbally abusing you, or otherwise, acting outrageously will not provide you with a valid defence case. A lawsuit by the tenant for illegally evicting him / her may cost far more than evicting the tenant through normal legal court proceeding.

Self-help evictions are virtually forbidden by every state, including imposing penalties on landlords who break the law. Locked out tenants, tenants denied heat, electricity and water may sue a landlord for money losses i.e. money spent on temporary housing, cost of food that spoilt in the refrigerator or the cost of an electric heater due to the gas being shut-off. They could even sue for several months rent. While, some states allow a tenant to collect his / her compensation and continue to stay on, other states simply entitle him / her to monetary compensation.

Far better to go to court and have a judge issue an eviction order, reinforced and upheld by a neutral law enforcement officer, than to risk facing serious practical and legal entanglements. Prevent the desire for self-evictions by going through a proper selection procedure for would-be-tenants. To avoid any mishaps or unwanted tenants, visit www.e-renter.com for help with tenant screening and background checks, the best and only way to prevent expensive litigation, later on.