Law & Legal & Attorney Real estate & property Law

What Constitutes an Illegal Eviction?

    Definition

    • Illegal eviction is any forcible removal of a tenant, directly or indirectly, without prior court approval.

    Eviction Through Intimidation or Violence

    • The most obvious and egregious form of illegal eviction involves the threat or use of violence. These actions can lead to assault, battery or menacing charges, on top of civil penalties.

    Constructive Eviction

    • Constructive eviction is indirect, but illegal all the same. The term refers to a landlord's attempt to make a property unlivable in the hopes that his tenants will leave, such as cutting off heat, water or electricity, or refusing to maintain the property or make it safe.

    Removal of Property

    • It is illegal to remove a tenant's property and/or change the locks on a tenant's door in an attempt to evict her. This includes holding her property hostage in exchange for overdue rent or money for damages.

    Considerations

    • No matter how much money a tenant owes, or how destructive he is, if you as a landlord don't obtain a court order, you will almost always lose in court. Some states impose very strict penalties--such as treble damages--for illegal eviction of any kind.

You might also like on "Law & Legal & Attorney"

Leave a reply