Can a landlord evict you without a court order

Can a landlord evict you without a court order

No , If you are in the US .They cannot evict you without a court order. They cannot change the locks without providing you keys. They cannot have utilities or services shut off and they cannot remove your property from the home. This is called a self help eviction and is illegal. A judge must order the eviction for it to be legal.

That said if you are going to be evicted for non payment of rent or for breaking a portion of the lease it is best to go when asked to before the courts get involved. Having an eviction on your record will make it impossible to rent again

That said, get in writing or text or some form of your landlord terminating or asking to terminate the lease. In addition to that keep in mind they can take you to civil court for any costs they deem necessary.

It’s illegal for anyone to physically remove you from your unit — or to lock you out of your unit — apart from a police officer who’s arresting you for suspicion of committing a criminal offense, unless ordered pursuant to a Writ of Possession, signed by a judge, resulting from an Unlawful Detainer civil lawsuit that was decided in favor of the landlord. In such a case, the “lockout” would be performed by the Sheriff’s office attached to the Court which issued the Writ.

 it is illegal for a landlord to conduct a “self-help” eviction. Landlords must file a court action and receive a judge’s court order to legally evict a tenant.

If a landlord does conduct a self-help eviction, s/he has committed criminal acts and will be likely arrested for trespass and grand theft.

I learned this one the hard way I grasped at the hope a problem tenant had vacated a unit. The place look vacant with only a few piles of clothes on the floor, two garbage bags of crap, and a mini mess in the kitchen. No bed, sitting furniture or TV. So, I changed the locks, swept up the place, and put out a For Rent sign.

As I was heading out, the tenant showed up with the police. I was given the choice allow the tenant back in, or, be arrested for trespass and theft.

WHAT? I asked the police? And the answer was simple: nonpayment of rent is a civil matter to be resolved in civil (renter’s) court; entering someone’s apartment (even with delinquent rent) is trespassing, a criminal act. Removal property is AKA theft, also a criminal matter.

I changed the locks back and hired an attorney to conduct a legal eviction. This was years ago, took a week to get a court date and the judge gave the tenant a week to vacate.

However, rent laws ussually vary from state to state so you better consult local lawyer before finalising anything.

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