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FACTSHEETS - Illegal "Self Help" Evictions
From the Nolo.com Landlords & Tenants CenterLandlords 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.
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.
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© 2004 Nolo.com.Disclaimer of Liability:
The information contained in this material is for the sole purpose of providing general information only, and must not be construed as legal advice, or take the place of competent legal counsel. Do not rely on these materials without consulting an attorney concerning your situation. The dissemination of this information does not create an attorney-client relationship and does not seek to represent you based upon your visit or review of this information.
Every effort has been made to ensure the information contained in the material is current. However, the law does change and the general information contained within may become dated. You should seek the advice of legal counsel for specific situations and advice to the "then existing" status of the law.