Eviction

An eviction is when your landlord makes you move out of your home, usually by getting an order from a court, but not always.

The landlord should take you to court.

As long as you haven’t abandoned your home, your landlord cannot change the locks, install a deadbolt, take off doors, or do anything to stop you from entering your home. (However, your landlord CAN do these things if he has a court order that says he can).

The only exception to this rule is if you have not paid or offered to pay your rent AND your home has been abandoned. If it looks like you don’t live there anymore (for example, your things are gone and you have not been there for awhile), the home may be considered abandoned.

Most landlords will file a case in court to evict you. Some landlords, however, may just try to lock you out of the home. Landlords are not supposed to do this, but some do try. If your landlord threatens to change your locks to get you out of the home, you should try to keep someone in the home at all times and call the police if the landlord tries to change the locks.

If there is no court order saying you have to move, then you do not have to move. You might want to call your local small claims court to make sure nothing has been filed in court. You should get notice if anything is filed in court, but sometimes the notice doesn’t get to you.

You can try to talk to the landlord to see if you can work out any agreement. Make sure to get any agreement in writing.

If you can’t work out an agreement, you can decide to move or wait to see if the landlord files an eviction case against you. If the landlord does file a case, you will need to go to court for the hearing and the judge will decide if you have to move or not. If the landlord does not file an eviction, you can continue to live in the home. Make sure you are following the terms of your lease so you don’t give the landlord any reason to evict you.

You should contact an attorney if your landlord is threatening to lock you out. If possible, you should try to keep someone in your home at all times. If the landlord then tries to change the locks, you can call the police. You may want to keep very important papers or other possessions with you or at a friend or relative’s home in case the landlord does change the locks. You should be able to get your items back from a landlord who has wrongfully locked you out, but that can take awhile.

No, your landlord usually cannot lock you out. As long as you haven’t abandoned your home, your landlord cannot change the locks, install a deadbolt, take off doors, or do anything to stop you from entering your home. (However, your landlord CAN do these things if he has a court order that says he can).

The only exception to this rule is if you have not paid or offered to pay your rent AND your home has been abandoned. If it looks like you don’t live there anymore (for example, your things are gone and you have not been there for awhile), the home may be considered abandoned.

No, not unless your landlord has a court order allowing him to shut off your utilities, or you have abandoned your home. (However, the landlord may be able to shut off your utilities if there is an emergency, to make repairs, or for necessary construction). Keep in mind that the landlord does not have to pay for the utilities, unless the landlord has agreed to do so.

No, generally your landlord cannot take your things or stop you from getting your things even if you did not pay your rent.

There are exceptions to this rule. Your landlord may be able to take your things or stop you from getting your things if:

• Your landlord has a court order that allows him to take or sell your things; or
• You sign an agreement with your landlord, separate from your lease, that your landlord may hold your things in exchange for the landlord not evicting you.

Even if the landlord has a court order that allows him to take your property, you can get certain things known as “exempt” items returned to you immediately without paying any money. You can always get:

• medically necessary items;
• items used in your business;
• a week’s supply of clothing for household members;
• blankets; and
• things needed for school.