Times are tough and you are late on your rent. Now the landlord is threatening eviction. Landlords have protection against non-paying tenants with a legal eviction. But tenants are also protected from an illegal eviction. By law, the only way a landlord can evict tenants is with a court order.
Should the landlord decide to initiate an eviction, he must follow a legal process. This means he must take the tenant to court, lay out the facts of his case, and win. But that isn’t the end of it. He must also get a sheriff to carry out the actual eviction. By law, no other process is acceptable.
In fact, a court order is required for all evictions regardless of other circumstances. So, even if the tenants are damaging the apartment, there is nothing the landlord can do but get the court order. The same holds true no matter how much rent money is owed.
Landlords are in no way allowed to harass or threaten physical force against tenants. Nor is he permitted to change the locks (without giving tenants a key) or turn off utilities, like electricity. This holds true no matter whose name the utilities are in.
Moreover, any attempt by a landlord to toss out onto the street or confiscate the tenant’s property is forbidden. If any of the previously referenced prohibitions are violated, then the tenant should seek out legal counsel.
Any tenant who is a victim of a verifiable illegal attempt of eviction and takes the matter to court will win his case regardless of what motivated the landlord. The damages awarded to tenants can take the form of monetary restitution and/or the restoration of the tenant’s status as occupant of the apartment.
Get more information about how you can address illegal eviction issues fast! There are some simple steps that will help you avoid illegal eviction problems and get your property back on the market quickly!