Yes, A landlord or property manager can evict a tenant during winter, but they must still follow state and local laws for eviction practices. Depending on your location, you may evict a tenant for any of the following reasons:
- Not paying rent
- Unpaid utilities
- Lease violations
- Property damage
- Illegal activities
- Fraudulent activities
Every state and some municipalities have different guidelines governing the eviction process. Understanding the legal framework of eviction in your state and municipality can protect both you and your tenant from expensive, stressful, and time-consuming legal issues.
Key Takeaways
- Winter Evictions Are Legally Permissible: Despite the harsh conditions of winter, landlords can evict tenants for reasons such as non-payment of rent, property damage, or lease violations, as long as they adhere to state and local laws.
- Impact of Local and State Regulations: No specific laws prohibit winter evictions, but many local and state guidelines can influence the process, such as moratoriums during extreme weather or holidays.
- Preventive Measures and Legal Education: Landlords should educate themselves about their legal responsibilities and establish good communication with tenants to prevent violations that could lead to eviction, thereby avoiding costly legal battles.
Legal Considerations for Winter Evictions
Although landlords can evict tenants in the winter for certain behaviors, but understanding the legal implications is crucial. Technically, there are no laws prohibiting a landlord from evicting tenants during the winter months.
However, state and local authorities sometimes establish their own regulations for inclement weather, holidays, weekends, and other events.
Laws Prohibiting Winter Evictions
Eviction laws differ by state, so check your state and local requirements for tenant rights before beginning the eviction process. Most states and municipalities do not place statutory limits on eviction during the winter season.
In some states, like Massachusetts, you cannot evict a tenant who has a pending application for rental assistance [1]. Sometimes local authorities may also refuse to approve or assist with evictions at certain times. For example, the Cook County Sheriff in Illinois will not enforce eviction orders during extreme weather conditions or over the winter holidays [2]. Local governments may also establish temporary moratoriums for particularly dangerous weather situations. For instance, the San Diego County Board of Supervisors established a 60-day moratorium on no-cause evictions for areas affected by a dangerous flash flood [3]. The board expressed concerns that allowing evictions during the ongoing inclement weather and subsequent cleanup could place more people in danger of injury or death.
Do Renters Have Any Rights During Winter?
While you may have a legal right to evict a tenant during the winter, you must still follow all legal steps, which may include:
- Filing a notice to quit.
- Filing an eviction lawsuit.
- Serving the tenant with eviction papers.
- Attending the eviction court date and receiving judgment.
- Requesting a writ of assistance.
If you receive judgment in your favor, you must typically request documentation like a writ of assistance, which directs local authorities to remove the tenant from the premises after the court-ordered eviction date.
If you take matters into your own hands by changing locks, moving the tenant’s property, or cutting essential services, you could face serious legal consequences, regardless of the time of year.
Tenants Are Entitled to Reasonable Time to Comply or Correct Breach
Typically, if you evict a tenant for not paying rent, you may have to give them time to comply. In Indiana, the tenant has 10 days from receipt of the notice to pay the past-due rent, per Ind. Code § 32-31-1-6. If you receive payment for the full amount the tenant owes, the eviction process ends.
For other lease violations, the law may require you to give the tenant reasonable time to correct the breach. Alaska, for instance, allows the tenant 10 days to rectify certain lease violations under Alaska Stat § 34.03.220.
Minor lease violations may include smoking in a non-smoking unit or keeping a pet when pets are prohibited in rental property.
If the tenant agrees to correct the issue, the law may require you to let them remain for the remainder of the lease agreement.
Lease violation reoccurrences often have more serious consequences. For example, Alaska Stat § 34.03.220 also states that if a corrected issue is resolved but reoccurs within six months, you can evict the tenant with five days’ notice.
Right to Respond and Defend Position
If the lease violation involves deliberate damage or illegal activities, or if the tenant fails to correct the breach within the notice period, you can proceed with an eviction lawsuit. The tenant has a right to respond to your lawsuit and defend their position during an eviction hearing.
Can I Turn Off My Tenant’s Utilities During Winter Due to Noncompliance?
It is rarely wise to shut off a tenant’s utilities, even if you are legally evicting them. In fact, most states have strict regulations limiting utility shutoffs. These laws apply to both landlords and utility companies, and the penalties for violating these regulations can be steep.
Can A Sheriff Decide Not to Evict If It Is Cold Outside Due to Court Order?
In some regions, local laws or sheriff’s department policies prevent the enforcement of eviction orders during extreme cold or severe weather conditions to protect vulnerable populations.
For instance, in Cook County, Illinois, the sheriff will not carry out evictions when temperatures are below 15 degrees Fahrenheit. Such policies are in place in various cities and counties, including Washington, D.C., and New York City, where law enforcement may delay eviction enforcement due to low temperatures.
The Cook County Sheriff does not evict people from December 19 through January 4. Check the Cook County Sheriff’s website for the most up-to-date information.
During Harsh Winter Months
Time Moratoriums
Some states prohibit landlords and utility providers from cutting heating and essential services during the winter months.
For instance, in Maine, landlords cannot disconnect residential utilities between November 15 and April 15, per Me. Stat. tit. 35-A § 718. This moratorium specifically addresses tenant heating rights, but such policies often encompass all essential services for tenants.
Weather Moratoriums
Certain states establish utility shutoff moratoriums when temperatures reach above or below certain thresholds. Delaware, for example, prohibits disconnecting natural gas or electricity at temperatures above 105°F or below 32°F, per 26 Del. Admin. Code § 3002-6.
Other states that prohibit utility shutoffs in extreme weather include Alabama, Arkansas, Maine, and Arizona.
Protected Individuals
States sometimes disallow utility shutoffs for especially vulnerable people, such as disabled individuals, senior citizens, and those with documented serious illness.
Massachusetts protects certain vulnerable populations from gas, electric, and water shutoff [4]:
- Households in which all adults are 65 or older and there is a minor child residing in the home
- Households with a seriously ill individual
- Households with an infant under 12 months
Tenant protections may differ based on the tenant’s circumstances and your reason for evicting, so you should review your state’s laws before considering any action involving utilities.
How a Tenant Might Respond to a Winter Eviction
There is no predicting how a tenant will respond to eviction notices. If you evict a tenant during the winter, they might take the following actions:
Compliance With the Law
- They may leave the property by the date specified in the notice or ask to break the lease early.
- They may correct the breach by the date specified in the notice.
Seek Resolution
They may contact you to negotiate a resolution or extension.
Challenge Eviction or Remain in PLace
- They may refuse to move out and remain on the property.
- They may take legal action if you violated legal requirements for notice, access, or essential services.
Cold Weather Eviction Practices for Landlords
Avoiding eviction issues is easier if you establish ethical landlord practices. Such practices may include maintaining a good relationship, adhering to fair housing guidelines, avoiding retaliation, and complying with eviction laws.
Opportunity to Rectify the Issue
As a landlord, you should typically allow a tenant with lease violations, especially late or missed rent payments, an opportunity to rectify the issue before proceeding with eviction.
Sending a Late Rent Notice and possibly arranging a Rent Payment Plan can help recover owed funds. Additionally, providing extra time to pay can delay the eviction to a warmer season.
► READ MORE: What Can Landlords Do When a Tenant’s Rent Is Late?
Establish a Good Landlord-Tenant Relationship
Keep your property in good repair and respond to tenant communication in a timely manner. Try to maintain a friendly relationship with your tenants.
When you build trust and communication, your tenants are more likely to reach out when situations arise. Communicating your requirements and expectations also prevents miscommunication and hard feelings that could lead to legal complications.
Follow Fair Housing Act Requirements
If you believe you have reason to pursue an eviction, ensure that your reasons do not violate fair housing laws or state laws against retaliation. The Fair Housing Act prohibits landlords from evicting a tenant based on the following characteristics:
- Race
- Color
- Sex
- Religion
- Disability
- National origin
- Familial status
Your state may have other anti-discrimination policies of which you should be aware before evicting a tenant.
Do Not Retaliate
Most states also have policies to prevent landlords from retaliating against a tenant for contacting the authorities or law enforcement.
For instance Indiana, under Ind. Code § 32-31-1-22, prohibits landlords from evicting a tenant or raising rent because the tenant called emergency services, code enforcement, or other authorities on the landlord. So, if your tenant contacts code enforcement because you did not complete a repair within a legal time frame, you cannot evict them in retaliation.
Avoid Self-Help Evictions
In addition, “self-help” evictions are typically banned under state laws. A self-help eviction occurs when the landlord takes it upon themselves to cancel or cut off utilities, change locks, prevent access to the unit, or forcibly remove the tenant from the premises.
These actions can easily lead to a lawsuit, especially in the winter when tenants may become ill or injured due to excessive cold.
States like Georgia address tenant rights to utilities during eviction proceedings under Ga. Code § 44-7-14.1. The law also establishes a penalty fine of up to $500 for violations.
Conclusion
- Evictions in the winter months can create a variety of legal and ethical challenges for landlords. You may not wish to evict a tenant when it is cold, but if they fail to pay rent, destroy property, or otherwise violate the lease agreement, you may feel you have no choice.
- While there are no specific laws prohibiting winter evictions, numerous local and state regulations can affect your ability to eject the tenant.
- Reviewing your state’s eviction guidelines and consulting with a landlord-tenant attorney can help you avoid unnecessary legal complications.
- As a landlord, you can take some steps to avoid legal issues that lead to eviction. Try to establish a good relationship with your tenants. Working things out may ultimately be easier and more cost-effective than an eviction.
- Finally, protect yourself by educating yourself on your own legal responsibilities under federal, state, and local laws.
