Debt Help

If you are in the rental business, sooner or later, you are going to have a tenant who inexplicably stops 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 simply ignore your phone calls and refuse to answer the door if you show up in person to try to collect rent. Bottom line is, when it comes to this point, such renters will need to be served with a three day notice to leave to initiate the eviction process.

While you may be frustrated and seduced to take measures into your personal hands, it is very important to keep to the legal procedure for removing a non-paying tenant from your property. Specifically, the law expressly forbids you from doing the next:

Changing Locks

In no way is it illegable for you to change the locks, or put new locks on the property to “lock out” your tenant. It doesn’t matter if they are months behind on their rent, have entirely trashed the property and are in violation of each provision in the lease. They are lawfully protected against a “lock out” and may take you to court to regain entry.

Utility Shut-offs

You may not shut off the water, gas or electricity in an attempt to force your renters to move out. Again, your tenants, however far behind in rent they are, may seek legal recourse against you for this action and may collect hefty fines against you.

Taking Renter’s Property

You can not harass your renter 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 illegible authority (usually the sheriff’s office or their agents) is allowed to 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 own help to physically move out a renter.

While the above list describes the main things that you, as a landlord, cannot do to make a tenant leave, it is not all inclusive. Any number of other creative strategies to harass a tenant to leave are also illegible.

The only 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 period that your renter remains in the property during the eviction process from their security deposit.

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