Don’t Lock Out or Freeze Out a Tenant — It’s Illegal

Landlords are subject to penalties if they change the locks or shut off utilities to get a tenant out of rental property.

As any experienced landlord will attest, there are occasional tenants who do things that are so outrageous that the landlord is tempted to bypass normal legal protections and take direct and immediate action to protect the property. For example, after a tenant’s repeated destructive behavior, a landlord may consider changing the locks and putting the tenant’s property out in the street. Or, a landlord who is responsible for paying the utility charges may be tempted to simply not pay the bill in the hopes that the resulting lack of water, gas, or electricity will hasten a tenant’s departure.

Why You Shouldn’t Lock Out a Tenant

Landlords who take matters into their own hands often think that their behavior will be excused by the tenant’s egregious conduct. However, the fact that the tenant didn’t pay rent, left the property a mess, verbally abused the manager, or otherwise acted outrageously will not be a valid defense — and in fact, a landlord may well end up on the wrong end of a lawsuit for trespass, assault, battery, slander or libel, intentional infliction of emotional distress, and wrongful eviction. Defending this lawsuit will cost far more than evicting the tenant using legal court procedures.
Landlords or property managers who are tempted to take the law into their own hands to force or scare a troublesome tenant out of the property should heed the following advice: Don’t do it! Shortcuts such as threats, intimidation, utility shutoffs, or attempts to physically remove a tenant are illegal and dangerous. So, although the eviction process can often entail considerable expense and delay, consider it the only legal game in town. (For information on the steps you must take to evict a tenant legally, see How Evictions Work: Rules for Landlords and Property Managers.)

Avoid Penalties and Money Damages

Virtually every state that forbids “self-help” evictions also imposes penalties for landlords who break the law. When tenants sue after being locked out or frozen out, they can not only sue for their actual money losses (such as the cost of temporary housing, the value of food that spoiled when the refrigerator stopped running, or the cost of an electric heater when the gas was shut off), but they can also sue for penalties, such as several months’ rent. In some states, the tenant can collect and still remain in the premises; in others, tenants are entitled to monetary compensation only.
Even in states that have not legislated against self-help evictions, landlords who throw tenants out on their own run a risk of serious practical and legal entanglements. The potential for nastiness and violence is great — picture the arrival of a patrol car while tenant and landlord wrestle over the sofa on the lawn.
Landlords who lock out their tenants often find themselves sued over the “disappearance” of their tenant’s valuable possessions. The tenant will claim they were lost or taken when the landlord locked them up or removed them. Using a neutral law enforcement officer to enforce a judge’s eviction order will avoid these unpleasantries.
Article from www.Nolo.com

Bankrupt Tenants: How the New Bankruptcy Law Affects Evictions

The new bankruptcy law makes it easier for landlords to evict bankrupt tenants.

It’s not uncommon for tenants with significant financial burdens to declare bankruptcy. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which took effect on October 16, 2005, makes it easier for landlords to evict bankrupt tenants. The steps you’ll need to take depend on whether the tenant files for bankruptcy before or after you get a judgment against the tenant awarding you possession of the rental.

Tenant Files for Bankruptcy After You’ve Won Possession

If you sued the tenant for eviction and won a judgment for possession before the tenant filed for bankruptcy, you can proceed to evict the tenant, even if the tenant then files for bankruptcy in an attempt to stop the eviction.
New bankruptcy law vs. prior law. Under prior law, tenants could stave-off eviction by invoking bankruptcy’s “automatic stay” with a last-minute bankruptcy filing. Under the new bankruptcy law, in this situation landlords can usually proceed with the eviction without having to ask a judge to lift the automatic stay.
Exception in some states. In a few states, and only in evictions based on nonpayment of rent, and in very narrow circumstances, a tenant can stop an eviction at the last minute by filing for bankruptcy — if the tenant files a certification and pays back rent and forward rent. As the landlord, if you file an objection to the tenant’s certification right away, you’ll get a hearing in the bankruptcy court. If you convince the judge that the tenant’s certification is not true, the court will lift the stay and you can proceed to evict the tenant. Read the rest of this entry »

How Evictions Work: What Renters Need to Know

Landlords can’t just lock you out, even if you are behind on rent. They must get a court judgment first.

Your landlord can’t evict you without terminating the tenancy first. This usually means giving you adequate written notice, in a specified way and form. If you don’t move after proper notice (or reform your ways — for example, by paying the rent or finding a new home for the dog), the landlord can file a lawsuit to evict you. (This type of lawsuit is sometimes called an unlawful detainer, or UD lawsuit.) In order to win, the landlord must prove that you did something wrong that justifies ending the tenancy.
State laws have very detailed requirements for landlords who want to end a tenancy. Each state has its own procedures as to how termination notices and eviction papers must be written and delivered to you (“served”). Landlords must follow state rules and procedures exactly.

Notice of Termination for Cause

Although terminology varies somewhat from state to state, there are basically three types of termination notices that you might receive if you have violated the rental agreement or lease in some way:

• Pay Rent or Quit Notices are typically given to you when you have not paid the rent. These notices give you a few days (three to five in most states) to pay the rent or move out (“quit”).
• Cure or Quit Notices are typically given to you if you violate a term or condition of the lease or rental agreement, such as a no-pets clause or the promise to refrain from making excessive noise. Usually, you have a set amount of time in which to correct, or “cure,” the violation.
• Unconditional Quit Notices are the harshest of all. They order you to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, unconditional quit notices are allowed only if you have:
  • repeatedly violated a significant lease or rental agreement clause
  • been late with the rent on more than one occasion
  • seriously damaged the premises, or
  • engaged in serious illegal activity, such as drug dealing on the premises.

Notice of Termination Without Cause

Even if you have not violated the rental agreement and have not been late paying rent, a landlord can usually ask you to move out at any time (assuming you don’t have a fixed term lease) as long as the landlord gives you a longer notice period.
A 30-Day Notice to Vacate or a 60-Day Notice to Vacate to terminate a tenancy can be used in most states when the landlord does not have a reason to end the tenancy. (The length of the required notice can be slightly longer or shorter in some states.) Read the rest of this entry »

So You’re Being Evicted? Tips for Tenants

Introduction

Most tenants who are facing eviction are being evicted as a consequence of nonpayment of rent. Others may face eviction for a variety of reasons, including violation of lease terms, creation of a health or safety hazard, or even a personality dispute with a landlord.
While landlord-tenant law, and the laws governing the eviction process, can change substantially between jurisdictions, there are some generalities which apply for most jurisdictions. If you are facing eviction you should check with a lawyer or tenant’s union in your area, so you can learn the specific laws which apply to your situation.
The following information is of a general nature, and may not apply where you reside

Nonpayment of Rent

In most jurisdictions, there is an expedited process for evicting a tenant for nonpayment of rent. Typically, the tenant is served with a legal notice requiring that rent be paid by a specific date (e.g., within seven days of service), after which time the landlord can commence an eviction action. Many times, a landlord will agree to accept a partial payment during this time, with the promise that any remaining rent arrears will soon be paid in full.
If the landlord accepts partial payment (no matter how small) prior to obtaining a judgment on a nonpayment action, upon learning of the acceptance of the payment most jurisdictions will dismiss any eviction proceeding premised on nonpayment of rent. The landlord must then start the process over, in relation to any additional rents owed.
Typically, even after judgment the tenant has a period of time during which the rent arrears can be paid, so as to avoid eviction. Read the rest of this entry »

Customer Support

Thank you for your timely response and explanation of the difference!
As new Landlords, we were excited about finding this site. The electronic application process was wonderful as it allowed us to simply enter the applicant’s name & email address then sit back and wait to view the three reports (Employment, Background & Credit). The applicant paid the fees and your service handled the consent forms & other authorizations.
The contract was nice too but we did run into some glitches:
First, it doesn’t have option to pull any information from rental application. We tried to find the applicant’s address & phone numbers to get started but they were not viewable so we had to call them.
Once entered we were moving along well but it didn’t pull any information set up originally with applicant such as Pet Deposits, Non smoking, state variances, etc.
Once finished, we purchased the contract download. The download could not be saved. We even tried copying it into MS Word and had difficulty saving the soft copy. There were several typos, spacing issues and grammatical & punctuation errors.
We had to add property description, correct verbiage to state house rather than apartment, insert missing paragraph on Inspections (copied from sample), delete repeated paragraph, etc.
Overall, I believe the terms of the contract will serve as protection to us but I thought you might like the feedback.
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10 Inexpensive Ways to Spruce Up Your Rental or Rehab Property

This was the one useful thing I have ever received from your company so far. Thanks and keep it up.
Adele
10 Inexpensive Ways to Spruce Up Your Rental or Rehab Property
by Bill Bronchick
It’s easy to fix up your properties if you have unlimited cash. However, you need to keep your repairs to a minimum to stay profitable. You also need to keep your properties in good shape to attract tenants or buyers. There are the basic improvements, such as carpet and paint, but these can still costs thousands of dollars. The following are some inexpensive ways to improve your properties with very little cash.
#1) New Electrical Switch Plates
This is such a minor, yet overlooked improvement. Most rental owners and rehabbers paint a unit and leave the old, ugly switch plates. Even worse, some even paint over them.
New switch plates cost about 50 cents each. You can replace the entire house with new switch plates for about $20. For the foyer, living room and other obvious areas, spring for nice brass plates. They run about $5 each – not much for added class.
#2) New or Improved Doors
Another overlooked, yet cheap replacement item is doors. If you have ugly brown doors, replace them with nice white doors (you can paint them, but unless you have a spray gun it will take you three coats by hand).
The basic hollow-core door is about $20. It comes pre-primed and pre-hung. For about $10 more, you can buy stylish six-panel doors. If you are doing a rehab, the extra $10 per door is well worth-it. For rentals, consider at least changing the downstairs doors.
#3) New Door Handles
In addition to changing doors, consider changing the handles. An old door handle (especially with crusted paint on it) looks drab. For about $10, you can replace them with new brass finished handles. Replace the guest bathroom and bedroom door handles with the fancy “S” handles (about $20 each).
#4) Paint/Replace Trim
If the entire interior of the house does not need a paint job, consider painting the trim. New, modern custom homes typically come with beige or off-white walls and bright-white trim. Use a semi-gloss bright white on all the trim in your houses.
If the floor trim is worn, cracked or just plain ugly, replace it! Home Depot carries a new foam trim that is pre-painted in several finishes and costs less than 50 cents per linear foot. Create a great first impression by adding crown molding in the entry way and living room.
#5) New Front Door
You only get one chance to make a first impression. A cheap front door makes a house look cheap. An old front door makes a house look old. If you have nice heavy door, paint it a bold color using a high-gloss paint. If your front door is old, consider replacing it with a new, stylish door. For about $125, you can buy a very nice door.
#6) Tile Foyer Entry
After the front door, your next first impression is the foyer area. Most rental property foyers are graced with linoleum floors. Consider a nice 12″ Mexican tile. An 8′ x 8′ area should cost about $100 in materials.
#7) New Shower Curtains
It amazes me that many landlords and sellers show properties with either no shower curtain or any ugly old shower curtain in the bathroom. Don’t be cheap – drop $40 and buy a nice new rod and fancy curtain.
#8) Paint Kitchen Cabinets
Replacing kitchen cabinets is expensive, but painting them is cheap. If you have old 1970′s style wooden cabinets in a lovely dark brown shade, paint them. Use a semi-gloss white and finish them with colorful plastic knobs. No need to paint the inside of them (unless you own a spray gun), since you are only trying to make an impression.
Americans spend 99% of their time in the kitchen (when they are not watching TV). A fancy modern faucet looks great in the kitchen. They can run as much as $150, but not to worry – most retailers (Home Depot, Home Base, etc) often run clearance sales on overstocked and discontinued models. I have found nice Delta and Price Pfister faucets for about $60 on sale.
#9) Add Window Shutters
If you have ugly aluminum framed windows, consider adding wooden shutters outside. They come pre-primed at most hardware retailers and are easy to install. Paint them an offset color from the outside of the house – (e.g., if the house is dark, paint the shutters white. If the house is light, paint them green, blue, etc.).
#10) Add a Nice Mailbox
Everyone on the block has the same black mailbox. Stand out. Be bold. For about $35 you can buy a nice colorful mailbox. For about $60 more, you can buy a nice wooden post for it. People notice these things….and they like them!