If you are in the rental sphere, sooner or later, you are going to have a renter who inexplicably ceases paying rent. They can give you the run around with stories about why they are not able to pay and promises of an entire payment plus late fees just around the corner. Or, they may even ignore your phone calls and refuse to answer the door if you come in person trying to collect rent. Bottom line is, when it goes to this point, such tenants will have to be served with a three day notice to vacate to initiate the eviction process.

While you can be frustrated and seduced to take measures into your own hands, it is quite essential to keep to the legal procedure for removing a non-paying renter from your property. Specifically, the law expressly bans you from doing the next:

Removing Locks

In no way is it illegable for you to remove the locks, or put new locks on the property to “lock out” your renter. It doesn’t matter if they are months behind on their rent, have totally trashed the property and are in violation of every provision in the lease. They are lawfully protected against a “lock out” and may take you to court to regain entry.

Utility Shut-offs

You can not shut off the water, gas or electricity for the purpose to make your renters to move out. Again, your tenants, however far behind in rent they are, may seek legal recourse against you for this action and can collect hefty fines against you.

Taking Tenant’s Property

You may not harass your renter into moving out. This would contain illegally entering the rental unit and taking their property. Only under too specific conditions (abandonment) is a landlord allowed to remove a tenant’s property.

Physical Removal

Only the legal authority (as a rule the sheriff’s office or their agents) is allowed to remove a tenant after a writ of possession is obtained from the court and the legal waiting time has elapsed. This means that you can’t hire your personal help to physically move out a occupant.

While the above list describes the main things that you, as a landlord, are not allowed to do to get a tenant to move out, it is not all inclusive. Any number of different creative strategies to harass a renter to leave are also illegal.

The only legal way to remove a renter from your property is to go through the legal eviction process. Yes, it takes time and money. Keep in mind that you are able to deduct the unpaid rent for the term that your tenant remains in the property during the eviction process from their security deposit.

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