If you are in the rental sphere, sooner or later, you are going to have a renter who inexplicably ceases paying rent. They can give you the run around with stories about why they can’t pay and promises of an entire payment plus late fees just around the corner. Or, they may just ignore your phone calls and refuse to answer the door if you show up in person trying to collect rent. Bottom line is, when it comes to this point, such tenants will have to be served with a three day notice to vacate to initiate the eviction process.
While you may be frustrated and tempted to take measures into your personal hands, it is very essential to follow the legal procedure for removing a non-paying renter from your property. Specifically, the law expressly forbids you from doing the next:
Changing Locks
In no way is it legal for you to change the locks, or install new locks on the property to “lock out” your renter. It doesn’t matter if they are months behind on their rent, have totally trashed the house and are in violation of every provision in the lease. They are lawfully protected against a “lock out” and can take you to court to regain entry.
Utility Shut-offs
You may not shut off the water, gas or electricity for the purpose to force your renters to move out. Again, your renters, however far behind in rent they are, can search for legal recourse against you for this action and can collect heavy fines against you.
Taking Renter’s Property
You can not harass your tenant into moving out. This would include illegally entering the rental unit and taking their property. Only under rather specific conditions (abandonment) is a landlord enabled to remove a renter’s property.
Physical Removal
Just the legal authority (usually the sheriff’s office or their agents) can remove a tenant after a writ of possession is obtained from the court and the legal waiting time has elapsed. This means that you can’t hire your personal help to physically move out a tenant.
While the above list describes the common things that you, as a landlord, cannot do to make a tenant leave, it is not all inclusive. Any number of different creative strategies to harass a renter to leave are also illegal.
The one legal way to remove a renter from your property is to go through the legal eviction process. Yes, it costs money and yes it takes time. Remember that you are able to deduct the unpaid rent for the term that your renter stays in the property during the eviction process from their security deposit.
Gain vital information in the sphere of managed forex trading – study this page. The time has come when concise info is really at your fingertips, use this chance.
Related Blogs
- Related Blogs on eviction
- What Is The Co Law Governing Constructive Eviction In The Case Of …
- The Real Story Behind South Africa and the World Cup « Western …
- Media: Get a lawyer, evicted families told « Western Cape Anti …
- What Are The Rights Of A Co-signer, As Far As Being Notified …
- World of Big Brother Blog » Blog Archive » PBB DOUBLE UP Day 118 …
