My landlord has locked me out for late rent without giving me any written notice. Is this legal?
My landlord has locked me out for late rent without giving me any written notice. Is this legal?
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Answer: (1)
When tenants are late with the rent, landlords in every state must give them a pay or quit notice, telling them that unless they pay or move within the specified time, the landlord will go to court and file an eviction notice. In some situations and in some states, landlords can deliver “unconditional quit” notices, which tell the tenant to move within a few days, without a chance to pay and save the tenancy.
Your landlord has apparently done neither. Instead, by locking you out, he has performed what’s known as a “self-help” eviction. The majority of states disallow this type of behavior, and they punish landlords who try to short-cut the proper way to terminate tenancies.
Tenants who have been the subject of an illegal self-help eviction (which includes not only lock-outs, but cutting off utilities and removing tenants’ property) can sue for their actual damages (such as the loss of their belongings, or the costs of a motel stay). Many state laws will double the amount, require the return of the entire security deposit, or order the landlord to reinstate the tenancy. Typically, the landlord must also pay the tenant’s court costs and attorney fees.
Posted by Jason Tong on 22 Jan 2010