When tenants become past due in rent many Landlords will lock their tenant out. In the U.S. hundreds of people finds themselves locked out of a house or apartment which they may still have legal right to. Is it legal for a landlord to lock out a tenant that is past due in rental payments?
When a tenant rents an apartment or house he acquires possession rights in the property. Although each state has its own laws that governs the landlord /tenant relationship, generally there are only two ways which a tenant's possession rights in property can be terminated. First, the tenant can voluntarily relinquish possession and control of the property. This is usually done by the tenant voluntarily moving out of the property. However, if the tenant refuses to relinquish possession, the only other way is by a court order (eviction).
First, before going to court, the landlord must demand that the tenant immediately give up possession and vacate. This demand is best made in writing. If the tenant refuses or fails to give up possession, the landlord must go to the court and file an action. The court will issue a summons to the to the tenant. A trial of the issues will be held in accordance with the procedures of the appropriate court. The tenant is allowed to remain in possession of the premises. The landlord may request that the court order the tenant to pay rent into the registry of the court. If payment is ordered, non-payment of rent into the registry could result in the court issuing a writ of possession and the tenant becoming subject to eviction. Once a hearing has been held, the court will issue its decision. If the court rules for the landlord, the tenant will be ordered to move by a certain date.
Therefore, a landlord can not lock his tenant out of an apartment or house until after a court has evicted the tenant and the move out date has pasted. Without a court order a landlord is breaking the law that could have both civil and criminal consequences
POINTS TO REMEMBER The landlord must take you to court first and have a court order to evict you before he can change the locks on you. If there is no eviction order from the judge or you are moved out before the court order runs out, the Land Lord can not lock you out of the property, and can not touch your belongings. But if you are there past the court ordered eviction time period, then that's another story.
When a tenant rents an apartment or house he acquires possession rights in the property. Although each state has its own laws that governs the landlord /tenant relationship, generally there are only two ways which a tenant's possession rights in property can be terminated. First, the tenant can voluntarily relinquish possession and control of the property. This is usually done by the tenant voluntarily moving out of the property. However, if the tenant refuses to relinquish possession, the only other way is by a court order (eviction).
First, before going to court, the landlord must demand that the tenant immediately give up possession and vacate. This demand is best made in writing. If the tenant refuses or fails to give up possession, the landlord must go to the court and file an action. The court will issue a summons to the to the tenant. A trial of the issues will be held in accordance with the procedures of the appropriate court. The tenant is allowed to remain in possession of the premises. The landlord may request that the court order the tenant to pay rent into the registry of the court. If payment is ordered, non-payment of rent into the registry could result in the court issuing a writ of possession and the tenant becoming subject to eviction. Once a hearing has been held, the court will issue its decision. If the court rules for the landlord, the tenant will be ordered to move by a certain date.
Therefore, a landlord can not lock his tenant out of an apartment or house until after a court has evicted the tenant and the move out date has pasted. Without a court order a landlord is breaking the law that could have both civil and criminal consequences
POINTS TO REMEMBER The landlord must take you to court first and have a court order to evict you before he can change the locks on you. If there is no eviction order from the judge or you are moved out before the court order runs out, the Land Lord can not lock you out of the property, and can not touch your belongings. But if you are there past the court ordered eviction time period, then that's another story.
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