There are certain situations where a landlord may be so frustrated with a tenant that they decide to evict the tenant in a manner that violates the eviction laws enacted in their state. When a landlord takes matters into their own hands and evicts a tenant without following the proper legal requirements set out by their state’s eviction laws, it is known as a “self help eviction.” Self help evictions are illegal and thus a landlord can face serious consequences.
A self-help eviction example would be if a landlord changes the locks or tosses a tenant’s personal property out on the street after the tenant has repeatedly violated their lease (e.g., by not paying rent for several months). Another self-help eviction example would be if a landlord refuses to pay water or electricity bills in an attempt to force a tenant to move out of their rental unit.
In most cases, any actions that constitute a self help eviction will be deemed to be illegal by a court. Therefore, if you are a landlord who is being sued for evicting a tenant using methods that would qualify as a self help eviction in your state, then you should hire a local landlord-tenant attorney for further advice on the matter as soon as possible.
Is Self Help Eviction Illegal?
As discussed above, self help evictions are illegal. The fact that a tenant refuses to pay rent, behaves in an outrageous manner, or does serious damage to a rental unit, does not give a landlord the right to violate state eviction laws. A landlord can also not use the excuse of a tenant’s awful behavior as a valid legal defense against a claim for self help eviction.
On the other hand, actions that do not constitute a self help eviction are not illegal. For instance, notifying the tenant that they will be evicted if they continue certain behavior or filing a lawsuit against a tenant for trespassing if they are squatting in an apartment past their lease, are both acceptable methods of informing a tenant that they are about to be evicted.
However, this does not mean that a tenant will not countersue a landlord who has behaved badly towards the tenant in return.
An example of illegal self help eviction would be if a landlord entered their tenant’s apartment without their knowledge or consent and shut off their utilities (e.g., water, gas, electricity, etc.). In such a scenario, the tenant would be permitted to sue the landlord for trespass or wrongful eviction.
What Are the Consequences of Using Self Help Eviction?
A landlord may face many legal consequences for evicting a tenant in a manner that would qualify as a self help eviction. Each state has laws that prohibit landlords from engaging in practices that would constitute a self help eviction.
Although such consequences will often vary by state as well as the circumstances surrounding each case, a typical penalty for self help eviction includes having to pay the tenant monetary damages for any losses that they suffered due to the landlord’s illegal actions.
Another common consequence that a landlord may need to face is being ordered to permit the tenant to remain on the rental property.
What Type of Self Help Eviction Claims are Available?
If a tenant believes that they have been the victim of a landlord’s self help eviction, then they may file a claim for wrongful eviction. A lawsuit for wrongful eviction may include claims that a landlord violated state eviction laws or evicted the tenant in an unlawful manner.
Aside from a self help eviction claim, another type of legal claim that a tenant may be able to file for is trespass. For instance, if a landlord entered the tenant’s rental unit and tossed all of their belongings out into the street, then the tenant could tack on this claim to their self help eviction lawsuit as well.
Another way that a tenant could potentially recover damages in a self help eviction lawsuit is by filing a claim for assault or battery if their landlord used physical means to remove them from the apartment.
One other way that a tenant may be able to recover damages or remain on the premises after a self help eviction is by claiming that the landlord is retaliating against them. For example, if a landlord uses self help methods to evict a tenant because the tenant complained to a state agency about their living conditions, then the landlord could also face consequences for committing a retaliatory eviction.
What Are Some Other Legal Issues Involved in Self-Help Evictions Lawsuits?
As previously discussed, some other legal issues that may arise in connection with a self help eviction lawsuit include claims of:
- Wrongful eviction;
- Retaliatory eviction;
- Assault or battery;
- Trespass; and/or
- Breaching the terms of a tenant’s lease.
How Do I File a Self-Help Eviction Complaint?
The process for suing a landlord for self help eviction will vary in accordance with individual state laws and the facts of a specific case. In general, some steps to file a self help eviction complaint against a landlord include the following:
- Gathering evidence that the tenant has been unlawfully evicted from the apartment;
- Searching for and hiring the right landlord-tenant attorney to take on the case;
- Explaining the situation to the attorney hired and filing a complaint in court;
- Serving a copy of the complaint and any related paperwork to the landlord defendant;
- Filing a proof of service with the court that states that these documents were served;
- Waiting for the landlord defendant to respond to the complaint and for the court clerk to schedule a date for a court hearing; and
- Following the steps required to go through the stages of a lawsuit or settlement in compliance with the laws of the state in which the tenant experienced a self help eviction.
Should I Consult an Attorney about Eviction Proceedings?
The majority of states consider self help evictions to be illegal. Instead, a landlord must comply with state eviction laws and the requisite procedures if they wish to legally evict one of their tenants.
Therefore, if you are a landlord who is being sued for employing methods that would constitute a self help eviction or if you simply need assistance with the proper requirements to evict a tenant, then it may be in your best interest to hire a local landlord-tenant attorney for further legal advice on the matter.
A landlord-tenant attorney who has experience in handling cases that involve self help evictions will be able to determine whether you have any defenses available to raise against a tenant’s claim. They can also discuss the potential consequences you may be facing, depending on the facts of your case.
Your attorney can also help you comply with the proper eviction procedures that are required by the eviction laws in your state. In addition, your attorney will be able to provide legal representation during any eviction proceedings as well.
Alternatively, if you are a tenant who is seeking relief from a landlord who has wrongfully evicted you from your apartment, then you may also want to contact a local landlord-tenant attorney to learn more about your options for legal recourse.
