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.
