What Is Wrongful Eviction?

An eviction is the process a landlord, or owner, undertakes to remove a tenant from a rental property. A wrongful eviction occurs when the landlord fails to follow the laws pertaining to evictions in the state and/or local area where the eviction takes place.

Although eviction laws vary nationwide, generally to effect an eviction, a landlord will be required to:

• give the tenant notice of the eviction
• file a complaint with the court
• provide the tenant an opportunity to respond to the complaint
• receive a decision in his favor from the court before the eviction can take place

Once the court approves the eviction, the landlord is assisted in the eviction by law enforcement personnel who are authorized to physically remove a tenant and their possessions from the property.

If a landlord fails to follow the legal channels to evict a tenant, they are said to have “wrongfully evicted” the tenant or resorted to a “self-help eviction.” This is illegal in most areas and tenants may file a lawsuit or counterclaim the eviction complaint if it has been filed with the court.

While it may be frustrating to deal with a tenant who has blatantly violated the rental agreement, or one whose continuing habitation is damaging the rental property, it is foolish for a landlord to bypass eviction proceedings because ultimately he may find himself owing the problem tenant hundreds of thousands of dollars.

Examples of wrongful eviction actions are:

• Disconnecting the tenant’s utilities (also referred to as a “freeze out”)
• Attempting to physically remove the tenant from the property
• Removing the tenant’s possessions from the property
• Intimidating or threatening the tenant
• Changing the locks on the rental property (also referred to as a “lock out”)

If you have questions regarding the eviction procedures in your area, contact an experienced eviction attorney or a  real estate attorney who can advise you of your rights. Complete our short questionnaire to get started.