Forcing a tenant out without a court order is illegal

If you have a tenant that isn’t paying the rent on time, doesn’t follow the rules laid out in your lease agreement, or even breaks the law while living in your building, it can be stressful, frustrating, and expensive. However, none of these conditions gives a landlord the right to force a tenant out. That’s called “self-help eviction,” and it’s not only illegal, it could also give that tenant reason to sue in court, and win money damages.

Telling a tenant, “You need to move,” or changing the locks, or hiring a crew to put the tenant’s possessions to the curb or into a storage unit, or cutting off utilities by cancelling an account in your name or by “forgetting” to pay the bill are examples of behavior that could be used as evidence of self-help eviction. Any of this could expose the landlord to prosecution for harassment or trespassing, or a civil suit for missing property, spoiled food, or pain and suffering, for example.

It’s possible that a landlord might feel that the risks are low, because a particular tenant might not be able to afford to hire an attorney. However, attorneys working for Legal Service of the Hudson Valley often don’t require any fee at all to be retained, and they are prepared to fight hard for their clients regardless. If a tenant’s attorney suggests that there is evidence of a self-help eviction, it can at the very least cause delays in the case. If that attorney is the one to bring it to court, that’s another kind of headache.

Before you take steps to have a tenant removed, call Selby Legal to make sure that you’re not going to make more work for yourself.