The Landlord Illegally Evicts You on His Own
Renting a home has never been more challenging. Rents are skyrocketing , there simply aren’t enough apartments and houses to rent, and many people have realized the true impact of inflation in recent years after seeing that higher wages can buy fewer things , including housing.
All of these factors combined are also leading to an increase in evictions as people struggle to afford their homes or find affordable alternatives . If a tenant stops paying rent or otherwise breaks the lease, the property owner has the legal right to begin the eviction process —and when most people hear the word “eviction,” they panic. After all, the landlord owns the place. They can kick you out if they want.
However, they must follow certain rules. It’s called the eviction process for a reason: Landlords are generally required to go to court, obtain an eviction order, and then respect the rights of their tenants. Just because you’re behind on rent doesn’t mean you’ve given up your fundamental rights. But evictions can cost money in legal fees and can take anywhere from a few weeks to more than a year, leading some landlords to attempt so-called “self-help” evictions.
Independent eviction
A do-it-yourself eviction is when a landlord bypasses the legal system and tries to force you out of the apartment by making your life miserable. Common eviction self-help tactics include:
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Replacing locks (or removing the door completely)
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Eviction of a tenant’s property from an apartment
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Refusal to repair
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Verbal or written threats
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Disabling utilities
Some forms of self-eviction are more subtle. For example, a lack of maintenance that reduces the quality of life there but does not make the place uninhabitable, or a general campaign of harassment (repeated visits, intimidation tactics, use of adjacent properties for activities that create noise problems) can be used to “encourage” the tenant to vacate the premises.
Some tenants believe that their landlords are allowed to do these things or that there is no way to fight back, but this is not the case. Self-eviction is usually illegal for two main reasons:
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They violate the right to due process that all American citizens enjoy.
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They threaten the health and safety of the tenant. Landlords are responsible for maintaining a “livable” environment for their tenants – this means that the home must provide the basics of a safe and secure shelter. For example, turning off the water makes an apartment or house uninhabitable and is therefore an illegal tactic.
Almost every state in the country has an explicit law prohibiting do-it-yourself evictions . Those countries that do not have a specific law (such as West Virginia ) nevertheless make it clear that unassisted evictions are generally not legal. No matter how far behind you are on rent or what other disputes you have with your landlord, if they want you out, they will have to go to court and follow the legal eviction process.
What to do if your landlord is harassing you
If a landlord tries to kick you out of your home, you have only one weapon at your disposal: you can sue.
In most states, the laws explicitly state what damages a tenant can receive if they successfully sue their landlord for self-eviction. In New York, for example, a tenant may be awarded up to three times his actual damages (an amount determined by the court to reflect the tenant’s monetary loss due to the landlord’s actions). There may also be separate penalties for the landlord ranging from $1,000 to $10,000. Some states have laws that don’t provide for specific damages and leave it up to the court to decide, but almost all states impose some kind of penalties and fines on landlords who try to evict on their own. Some states will also force landlords who lose a case to pay the tenant’s legal bills, and sometimes even order that the tenant be allowed to remain in the home.
First, check your state’s laws regarding evictions and self-help evictions. If your landlord has threatened you or prevented you from entering your home by changing the locks or physically denying you access, your first step is to call the police, who can instruct the landlord to stop the illegal activity and provide you with a police report. You should also document everything you can to support your case.
Next, hire a lawyer. If you can’t afford it, contact your state legal aid office or a tenant legal services office, if one exists. If not, there are some national resources you can turn to. These organizations can provide template letters that you can send (by certified mail) to your landlord to stop their illegal activities and to connect you with an attorney who can advise and represent you if you decide to sue.