With the present condition of the economy many people find themselves getting behind in their rent. When this happen many landlords with will lock their tenant out of a house or apartment they are renting and often this happen with no warning from the landlord. Although this is a common practice of many landlords is it legal to do so?
A general property rule of law is when a tenant rents or leases a house or apartment he acquires right to possession and use of the property. Once the agreement is reached and the tenant start occupying the property there are only to ways that the tenant's possession rights can be terminated. The tenant can voluntarily relinquish possession and control of the property. Usually, the tenant agree to move out of the property or the landlord discovers the tenant has abandon the property. If the tenant does not voluntarily relinquish possession of the property the landlord would have to have the tenant evicted through a court order.
The eviction process starts with some type of notice to the tenant that he is being summons to court to be removed from the house he is occupying. Usually, the notice will give a specific date to show up at court. If the court make the determination that the tenant no longer has legal right to possession of the property then the judge will sign a court order evicting the tenant. The Judge will set date for the tenant to vacate the property.
A landlord may face civil and criminal consequences if he lock his tenant out before a court evicition. 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.
THINGS TO REMEMBER. A 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.
A general property rule of law is when a tenant rents or leases a house or apartment he acquires right to possession and use of the property. Once the agreement is reached and the tenant start occupying the property there are only to ways that the tenant's possession rights can be terminated. The tenant can voluntarily relinquish possession and control of the property. Usually, the tenant agree to move out of the property or the landlord discovers the tenant has abandon the property. If the tenant does not voluntarily relinquish possession of the property the landlord would have to have the tenant evicted through a court order.
The eviction process starts with some type of notice to the tenant that he is being summons to court to be removed from the house he is occupying. Usually, the notice will give a specific date to show up at court. If the court make the determination that the tenant no longer has legal right to possession of the property then the judge will sign a court order evicting the tenant. The Judge will set date for the tenant to vacate the property.
A landlord may face civil and criminal consequences if he lock his tenant out before a court evicition. 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.
THINGS TO REMEMBER. A 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.
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