Landlord can’t lock out a tenant
Question: I’ve had money problems lately and my landlord is threatening to change the locks if I’m late again paying the rent. Can he just toss me out?
Answer: No. Landlords or property managers are not allowed to take the locks -- or the law -- into their own hands. Known as “self-help” evictions, actions such as changing the locks are illegal for landlords or their agents to perform unless a formal court eviction has been granted.
Other items on the no-can-do list include:
* Turning off the utilities;
* Taking or removing tenant belongings;
* Threatening harm to the tenant or the tenant’s property;
* Removing doors, windows, gates or other parts of the property that provide safety or are guaranteed as part of the lease;
* Disturbing tenant peace and enjoyment of the property by making noise or otherwise interfering with the use of the place;
* Locking tenants out of the property;
* Calling the police to complain, unless a valid problem exists;
* Harassing tenants or their guests, including spying, calling or sending inappropriate correspondence.
Most states have outlawed self-help evictions initiated by landlords and have added penalties for shock value. Every state sets up its level of law and damages. In California, for example, a daily penalty of $100 plus actual tenant damages may be applied to the landlord in favor of the tenant. In New York, triple damages may be awarded by the presiding judge.
What can the landlord do? Serve a formal three-day notice and proceed from there.
Nonpayment of rent is the most common reason tenants are evicted in most states. A properly executed eviction is serious business, affecting your credit report for many years.
The bottom line? Don’t delay working out the situation. Try speaking to the landlord and coming up with a solution, and no matter which way you move, get a written agreement you can both live with.
Not music to this landlady’s ears
Question: Our band sometimes uses my apartment for practice. Now the landlady has handed me a “Notice to Perform Covenant,” which is giving me three days to stop disturbing others. Can she interfere with our music?
Answer: Unplug your guitar and read the notice carefully. Also known as a “Three Day Notice,” this humble piece of paper is the first legal step the landlord may take to evict you legally. It does not allow her to throw you out in three days but instead is notice to “cure or quit” whatever you are doing in three days.
The notice should detail what you are doing that is violating your rental agreement and give details on complying or facing the next step, which is usually a formal eviction notice. In this case, playing music that disturbs other residents is probably considered a violation of your lease. Stop the music and find somewhere more appropriate to showcase your talent.
Eviction laws target drug dealing
Question: We suspect a neighbor is dealing drugs, because cars come by at all hours and cash is being exchanged. What can be done?
Answer: About one in four convicted drug and property offenders were jailed for crimes committed to get money for drugs, according to the U.S. Department of Justice. Not only is drug dealing dangerous, but the clientele isn’t great for the neighborhood, either.
What can be done? Special eviction laws have been enacted in many states in an effort to curb illegal goings-on, especially drug-related activity.
Known as “expedited evictions,” these cases are supposed to rocket through the legal system. In some states, such as Arizona, court dates for evicting serious offenders are available in three days or less, allowing a landlord to terminate the tenancy almost immediately.
In many states, including California, a landlord is required by law to evict a drug-dealing tenant or risk losing the property to the government. Virtually every state and locality has laws detailing what can be done.
If you believe you have witnessed a drug deal, contact your local law enforcement agency immediately. Also, notify the property owner, both in writing and with a call, that there may be trouble afoot.
H. May Spitz is a Los Angeles- based freelance writer. Reader comments may be sent to hmayspitz@aol.com.
