Self-help Evictions Bring Stiff Penalties for Landlords

By Helene Lesel

Q: I've had money problems lately and my landlord is threatening to change the locks if I'm late again paying the rent. Can he just toss me out?

A: Toss you out? No, it's not the Wild West anymore. Landlords or property managers are not allowed to take the locks - or the law - into their own hands. Known as "self-help" evictions, actions such as changing the locks is illegal for a landlord or their agents to do unless a formal court eviction has been granted. Other items on the no-can-do list include:

• Turning off the utilities, such as water, gas or electricity.
• Taking or removing tenant belongings.
• Threatening harm to the tenant or his property.
• Removing any doors, windows, gates or other part of the property that provides safety or is guaranteed as part of the lease.
• Disturbing tenant peace and enjoyment of the property by making noise or otherwise interfering with the use of the place.
• Locking them out of the property.
• Calling the police and complaining, unless a valid problem exists.
• Harassing them or their guests, including spying, calling or sending inappropriate correspondence.

Most states have outlawed self-help evictions initiated by landlords, and have added penalties for shock value. Every state sets up its level of law and damages. For example, in New York, triple damages may be awarded by the presiding judge. Across the country in California, a daily penalty of $100 plus actual tenant damages may be applied to the landlord in favor of the tenant.

So what can the landlord do? Serve you with formal three-day notice and proceed from there. Non-payment of rent is the most common reason tenants are evicted in most states. A properly executed eviction is serious business, affecting your credit report and even resume for many years to come. The bottom line? Don't delay working out the situation. Try speaking to the landlord and working out a solution, and no matter which way you move, get a written agreement you can both live with.

Copyright 2005-2006 Helene Lesel. Distributed by Inman News.