Landlords dealing with non-compliant tenants, illegal activities, or late rent payments may seek a swift eviction. Terminating month-to-month leases is simpler due to shorter contract periods. However, evicting tenants with fixed-term leases can be expensive and slow, requiring court involvement and potentially taking months, depending on the location.
States usually mandate notice before eviction or lease termination. Landlords should first issue a notice to vacate and await the tenant’s response. Rushing the process without legal notice, known as a self-help eviction, should be avoided.
Key Takeaways
- Self-help evictions are illegal in most states.
- Depending on their state’s laws, landlords can face legal consequences for undertaking a self-help eviction.
- Can lead to a loss of business and costly penalties.
- Tenants determined by a court to be victims of a self-help eviction will likely be able to remain in the property until the lease expires.
What Is a Self-Help Eviction?
A self-help eviction is any action a landlord takes to evict a tenant for non-payment of rent or breach of contract that doesn’t follow legal guidelines in the state where they reside. Self-help evictions are also referred to as illegal evictions.
Nearly every state requires a specified amount of time to pass between the time the tenant receives a notice of eviction and their removal from the property. In most jurisdictions, 7-day, 10-day, 14-day, 30-day, and 60-day eviction notices are typical.
In many states, tenants can sue a property owner for attempting an illegal self-help eviction. If the court rules in their favor, they can recover damages, including court costs and attorney’s fees. The court may even grant a tenant the right to stay in a rental property until their lease expires.
What a Landlord Can’t Do
Illegal practices used by landlords in self-help evictions include:
- Changing the locks on the rental unit
- Confiscating or moving a tenant’s personal property
- Removing doors to the rental unit
- Shutting off utilities such as heat, electricity, and water
- Spreading misinformation about the tenant
- Refusing to repair or maintain the property
- Forcing the tenant to vacate without just cause or without providing proper notice
Landlord Liabilities for Self-Help Evictions
It’s wise to avoid behaviors that could be viewed as a self-help eviction. Skipping over an eviction notice and bypassing the judicial process can have serious consequences. In many states, landlords initiating a self-help eviction face hefty monetary fines or criminal prosecution.
- Legal consequences: Tenants have the legal right to recover damages associated with finding a new place to live and for any personal property damaged or destroyed during the eviction. When a court rules that they executed an illegal eviction, landlords can be fined and ordered to pay restitution. Some states even press criminal charges, with jail time a possible penalty.
- Loss of business: Landlords engaging in illegal evictions earn a reputation for dishonest and unfair business practices. A tarnished reputation makes attracting prospective tenants difficult, leading to a loss of earnings.
- Financial penalties: In addition to court-ordered fines and damages, self-help evictions involve other expenses. Landlords who face allegations of illegal eviction will also have attorney’s fees and associated court costs.
State Consequences
Laws in almost every state prohibit property owners from evicting tenants without following the necessary legal steps. When laws and procedures are passed over in favor of a self-help eviction, many states have statutes that spell out the damages a tenant can recover, including associated court costs and attorneys’ fees. In some cases, the tenant may be granted the right to remain in the rental property until the end of the lease agreement.
Penalties for Self-Help Evictions by State
| State | Allowable Damages | Tenant Court Costs & Attorneys' Fees | Tenant Right to Stay Statute | Statute or Legal Authority |
|---|---|---|---|---|
| Alabama | Minimum three months' rent, return of entire security deposit & prorated rent. | Yes | Yes | Ala. Code § 35-9A-407 |
| Alaska | One and one-half times damages and return of prorated rent & security deposits, plus attorney's fees. | Yes | Yes | Alaska Stat. §§ 34.03.210; 34.03.350 |
| Arizona | Minimum two months' rent and return of security deposit and prorated rent. | Yes | Yes | Ariz. Rev. Stat. §§ 33-1364; 33-1367 |
| Arkansas | Court determines damages. | N/A | N/A | Gorman v. Ratliff, 712 S.W. 2d 888 (1986) |
| California | Damages and $100 per day of unlawful eviction. Court may grant an injunction prohibiting future eviction attempts. | Yes | Yes | Cal. Civ. Code § 789.3 |
Can a Tenant Take Legal Action After a Self-Help Eviction?
Self-help evictions strip tenants of their rights to due process and to mount a defense against an eviction lawsuit. They are also expensive and inconvenient. As a result, courts recognize damages accrued from self-help evictions and can provide statutory relief for tenants, which may include the following:
- Damages, including the cost of finding new housing, damage to property, lost rent, and out-of-pocket moving expenses and temporary housing bills
- Court costs and attorney fees
- To remain in the rental property until the lease expires
- Rent differential
- Damages for emotional distress
How To Sue for Wrongful Eviction
Tenants have to sue their landlord in small claims court to recover damages. A renter wishing to proceed with a wrongful eviction lawsuit can take the following steps to prepare:
1. Know Individual State Requirements
Each state handles unlawful evictions differently. Tenants should be familiar with the eviction laws in their jurisdiction.
2. Consult an Attorney
Seek legal advice from an experienced tenant rights lawyer.
3. Gather Evidence
Compile relevant evidence such as the original lease agreement, eviction notices, all written or verbal communication with the property owner, and proof of rent payments. If the property’s condition is in question, photos and videos can prove helpful.
4. Draft and Send a Demand Letter
Send a letter to the landlord outlining the tenant’s claims, available evidence, and desired compensation. Some property owners will choose to settle out of court.
5. File a Claim
Prepare and file a complaint with the court in the jurisdiction of the property to initiate a lawsuit.
6. Serve Notice
A process server or sheriff’s deputy can deliver the complaint to the property owner.
7. Attend Hearing
Be prepared to present evidence and participate in mediation of settlement discussions. If the case doesn’t settle, it will go to trial.
8. Collect Damages
When the court rules in favor of the tenant, they are entitled to damages and other remedies.
Frequently Asked Questions
When Can a Property Manager Use a Self-Help Eviction?
Regardless of the circumstances, a landlord should not evict a tenant by themselves. This includes shutting off utilities or changing locks on the rental property. The property manager must have the tenant’s agreement or a court order to evict.
Can Police Arrest a Landlord for Self-Help Eviction?
While police don’t usually arrest landlords who initiate a self-help eviction, they can be charged with criminal offenses.
How to Report a Self-Help Eviction?
Tenants facing a self-help eviction can seek resources and advice from their state’s local housing authority or legal services.
Is Self-Help Eviction a Felony?
No, a self-help eviction is not a felony. When a landlord acts contrary to the law to evict a tenant, with or without cause, it is considered an illegal eviction and the landlord may be subject to criminal penalties. Depending on the state, self-help evictions can be charged as misdemeanors.
