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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 posclients, 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.
© 2000
Nolo.com
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