Can I use force to evict tennants from my home?

Home | Links | Contact Us | Bookmark

Financial Forum Search :

Financial Forum

Renting & Real Estate

Finance Discussion Forum

Advertising & Marketing Corporations Credit Insurance Investing Personal Finance Renting & Real Estate Small Business Taxes Business & Finance

Should people change the locks if they buy a new home?

We have just brought a new house recently and I took it for granted that we would get new locks put on the front and back doors so I got a few quotes.

Now my husband tells me we are not ...

My girlfriend and I entered into a rental lease agreement who should be able to keep the home due to a breakup

...

Realestate agents? Are you the one who is supposed to find the lender or is the buyer?

I live in NC. Im not sure if that matters. Anyways, my friend is looking for a house and he has gone with someone who has just finished up their realestate classes and recieved their license. The ...

Is this house gorgeous?

what do you think about this house(http://122kilkea.com). Is it gorgeous? Is it worth it? Would you consider it a large house, mansion, or mini-mansion? I think stylist to the stars Monique Rychtr ...

Have Brits got no sense of humour!?

Look their in such financial s**t all that is left to do is laugh!!!
Additional Details
T5 went well this ...

Can anyone help save my home?

I have been living in my rented home for 5 years and my land lady now wants to sell.She has offered it to me and the other tenant for ВЈ40,000 under market value (and this is a realistic market value ...

Is a landlord or tenant responsible for funding replacement of contents damaged by the ceiling collapsing?

We are in rented accommodation and our ceiling just fell down in the lounge causing damage to some of our possessions, such as our TV, PS3, rug, couch covers, throw and pillows. We have provided a ...

Is it easier to sell a house after moving out?

...

A tenent doesnt want to move from my property, after the end of the lease.?

This is the 3rd time im asking this question, Im not asking about court removal, can you please answer the last question in my post.

As i said in an earlier question I live in PA and Im a ...

How much per year do you pay for property taxes on your house?

Additional Details
Just curious..Me and my wife have a house in Mexico and pay about 330 Mexican pesos a YEAR which is about $31.00 US dollars ! The house is appraised at $110K......

Can you buy a house when you don't have any money for a downpayment?

My husband wants to buy a house. He's been approved for a 700,000 loan. But he doesn't have any money for a downpayment. He keeps saying that first time home buyers can get a lot of help....

How to divide rent between 4 people in a 3 bed home when 2 of the tennants are a couple?

The monthly amount is currently 1300 euro 1 tennant pays 350 euro 2 tennants in larger rooms pay 475 euro each. What is a fair amount for the 4th person to pay as this tennant would be sharing with 1 ...

I am having problems negotiating my Mortgage with the Bank. Can William Shatner help?

...

How can I check to see if my landlord has hidden cameras in my apartment?

...

Can I change the locks when renting a home. My landlord is making threats!?

I feel like I must change the locks in order for my stuff to be safe. I know that they have already been in my home and searched thru my things when I wasn't home. Also their brother in law is ...

Does my landlord have to provide me with smoke alarms?

I live in a one bed flat on the first floor with only one excape route. The flat is not purpose built. We live in the county of Oxfordshire....

Does anyone know what areas of the UK are supposedly the best to invest in buy to lets at the minute?

For return on investment and capital growth.
Or a website that will tell me?
Thanks....

Deny rent because heater in bathroom is broken?

Can the tenants stop paying rent because the heater in the bathroom doesn't work?...

Should i pay my rent up for 6 months is that a good thing to do ?

should i pay my rent up for 6 months ? people tell me no i should only pay for 3 months.. if something happens can the landlord keep the money
Additional Details
i wanted to be ahead on ...

Can landlord prove that damage was not there when I moved in even if they don't have before pics?

My landlord is suing for damages that she claims we caused. The dishwasher leaked through the floor. It was leaking when we moved in. We only used it 4 or 5 times. There is no way we could have ...

Rashid A

Can I use force to evict tennants from my home?

Due to the mortgage crisis and higher interest rates, I have had to raise the rent on some of my properties. One family doesnВґt seem to like this, and are unwilling to pay and have talked about squatters rights.

Can I get a group of guys round to turf them out? Or change the locks when they go out, and dump their stuff on the street?

charterman

It's not your tenants fault that the credit crunch has happened and you find yourself in the position of raising your rents.

This is the problem I find with amateur landlords. They don't have enough capital behind them to service huge mortgages. They think they can buy a property at extortionate price and rent it out and cover their costs. When costs rise, they find they cannot afford the mortgage and then expect their tenants to pick up the tab.

Here in the UK, the tenant can apply to the rent tribunal and have a fair rent set. It really isn't their problem that you cannot afford the mortgage. If you want them to go, find them somewhere else and pay them to leave.

Tim

You know you can't. You need to use the legal system to evict them.

Lily B Talus

As a landlord you should know your rights, and that you certainly don't have the right to do this. You need to go through the legal process of eviction, otherwise you could face criminal charges. Remember if a wealthy landlord such as your self can't find the money to pay the mortgage , then how are the poor tenants going to find it.

David M

It sounds like you're a landlord with a lot to learn. The answer to your two questions is NO!

I'm assuming your property is in the US, and in every state, there are specific laws dictating how and under what circumstances you can evict your tenants. These laws vary dramatically from state to state, but most likely you'll have to post Pay or Quit notice stating that eviction proceedings will begin if they don't pay the full rent within a certain number of days. From there you'll have to go to court and get a court order to evict them. Eventually, the sheriff may be used to evict them forcibly, but you can't (unless you want to go to jail). Of course, in order to do this you'll have to prove that you gave them proper notice of the rent increase. Screw up any part of this process and they can sue you and win.

Being a landlord is hard work. Find a local landlord association and join it. Find a good attorney versed in landlord tenant law and get good advice. Find a website that has a summary of landlord tenant law in your state and read it. Continue to ask questions, but don't act like a slumlord from a bad movie. You will lose in the end if you do. Good luck!

ranger_co_1_75

Sadie you had an intelligent answer up to the comment about wealthy land lords. Not all land lords are wealthy, most are average working people trying to invest for their retirement and are dependant upon the rent to pay the mortgage.

As for the rest of your answer, it applies.

Gertie

No since they live there you can't change the locks that would only result in them calling the police and the cops would make you let them back in. You need to serve them a 3 day pay or quit once that 3 days is up start the legal eviction process.

9 daughters

You can do that but your tenants would sure have a huge gain at your expense in court.

The only way to get a tenant out who won't leave voluntarily is through a court order and, even then, you can't be the one to force them out. Only the sheriff can do that and only when ordered to do so by the court.

They can forget about squatters rights; no pay-no stay. It's a landlord's right to raise the rent too (unless there's something in the contract to prohibit it). Right now you're in the right and the law's on your side. So time to make that law work for you. Give them a 3 Day Pay or Quit Notice and when they still don't pay, file in court for eviction. Then, after they're out, turn their account over to collections.

Ariana Z

Sure! You can totally do that, if you don't mind ending up in jail!!!

Are you raising your rents by legal standards? You can just raise the rent because you feel like it. They can sue you if you don't raise rent within the regulations of your city and state.

You have to go through an eviction process which involves the courts... so make sure what you're doing is legal.

Weimaraner Mom

Not unless you want to wind up sued in court or even have the cops show up and tell you you have to allow the tenants back into your property. They don't have squatters rights, go to court and file eviction legally, you cannot just kick them out or even turn of their utilities it's against the law.

Go to court file eviction have them served and get them out legally. If you don't do it legally they will end up staying in your home indefinately because you violated their rights. Did you never see the movie Pacific Palisades? It's an excellent movie on tenant landlord rights.

Good luck

juniejuly

Let the Sheriff handle it.

andy208286

You might be in a serious pickle. If you do not have a valid lease on the property, then you really need a lawyer. If you do have a lease, then you simply need to file for a forcible entry and detainer case in your local court district. There are fees, which vary in every locality. You will then need to have them served with notice to appear, by the sherriff's department, or a private process server. You will then need to show evidence that the tenants are behind in their rent, and provided you have not done anything illegal, you should be granted a judgement for posession of the property, along with financial awards, based on how much they are behind. You must give them a five day notice to pay rent or quit the premises before any of this can be done, and that document needs to be personally served, and attached to the court file when you open the case. It is a complicated process the first time you do it, but it can become fairly simple with some experience.
Oh, by the way, if you just dump their stuff on the street while they're gone, you will go to jail. Not a good idea.

midnightslasher83

Ed Atun

the sheriff or constable does this for you when the tenants are evicted. You can stand by and watch..

Mark C

No, as all the other posters have said.

I did hear a funny story about a rental home simply towed away by the landlord when squatters rights was brought up.

infinite crisis 247

you cannot do any of those things, because there is such a thing as "due process". you must file an eviction with the township, and then it it usually 30 days. then, the sheriff would come and physically remove the renter from the property. their belongings remaining in the premises are stored at the renter's expense. you can't physically throw them out either.

lolly

The group of guys you need is the sheriff's office. Do you think you can enforce your own laws, like it was the wild west times? There are laws in place and you have to follow them. Go through the proper eviction procedures which starts with getting a lawyer. If your tenants didn't like the rent raise, all they had to do was move.

Changing the locks and evicting them without going through the courts will get you sued. Obviously, if you had better renters in the first place, you would not be having these troubles. You didn't properly screen them. If you don't want to be a professional landlord, you should sell the building.

On thinking about it, there is no way you're in the US. But every country has rules to follow, and I know changing locks and throwing items on the street is not legal.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: