If your landlord is trying to get you out without involving the legal system, it’s called a “self-help eviction”—and they’re probably breaking the law.
Renting a home has never been more challenging. Rents are soaring, there simply aren’t enough apartments and houses to rent, and many people have learned the true impact of inflation in recent years as they’ve seen higher wages buy less stuff—including housing.
All of these factors combine to drive up the rate of evictions, too, as people struggle to afford their homes or find affordable alternatives. If a tenant stops paying rent or breaks their lease in other ways, the property owner has the legal right to begin the eviction process—and when most people hear the word eviction, they panic. After all, the landlord owns the place. They can kick you out if they want to.
That said, they have to follow certain rules. It’s called an eviction process for a reason—landlords are generally required to go to court, obtain an eviction order, and then respect the rights of their tenants. Just because you’re behind on your rent doesn’t mean you’ve waived your fundamental rights. But evictions can cost money in legal fees, and can take anywhere from a few weeks to more than a year to complete, which drives some landlords to try what’s called a “self-help” eviction.
A “self-help” eviction is when a landlord bypasses the legal system and tries to get you to leave the apartment by making your life miserable. Common self-help eviction tactics include:
Changing the locks (or removing the door entirely)
Removing a renter’s property from the unit
Refusing to make repairs
Making verbal or written threats
Turning off utilities
Some forms of self-help eviction are more subtle. For example, a lack of maintenance that degrades the experience of living there without crossing over into making the place uninhabitable, or a general campaign of harassment (constant visits, intimidation tactics, using adjoining properties for activities that create noise issues) can be used to “encourage” a tenant to vacate.
Some tenants assume their landlords are allowed to do these things, or that there’s no recourse to fight back, but that’s not true. Self-help evictions are usually illegal for two basic reasons:
They violate the right of due process that all American citizens enjoy.
They threaten the health and safety of the tenant. Landlords have a responsibility to maintain a “habitable” environment for their tenants—meaning the home must provide the basics for secure, safe shelter. Turning off the water, for example, makes the apartment or house uninhabitable, and thus is an illegal tactic.
Almost every state in the country has an explicit law against self-help evictions. Those that don’t have a specific statute (like West Virginia) still make it clear that self-help evictions are not generally legal. No matter how behind you are on rent or what other disputes you have with your landlord, if they want you out, they have to go to court and follow the legal eviction process.
If your landlord is trying to harass you out of your home, there’s only one weapon at your disposal: You can sue.
In most states, laws explicitly state the damages a tenant can get if they successfully sue their landlord for a self-help eviction. In New York, for example, a tenant can be awarded three times their actual damages (a value determined by the court to represent what the tenant lost in monetary terms due to the landlord’s actions). There can also be separate penalties for the landlord ranging from $1,000 to $10,000. Some states don’t have specific damages in their laws and leave it up to the court to determine, but almost all states impose damages and penalties of some kind on landlords that attempt self-help evictions. Some states will also force landlords who lose the case to pay the tenant’s legal bills, and sometimes even order that the tenant be allowed to remain in the home.
First, become familiar with your state’s laws surrounding evictions and self-help evictions. If your landlord has threatened you or prevented you from accessing your home by changing the locks or physically barring you, your first step is to call the police, who can instruct the landlord to cease the illegal activity and will provide you with a police report. You should also document anything you can that will support your case.
Next, hire an attorney. If you can’t afford to do so, contact your state’s legal aid office or tenant legal services office, if one exists. If not, there are some national resources you can reach out to. These entities can provide form letters that you can send (via certified mail) to your landlord demanding they stop their illegal practices, and put you in touch with an attorney who can advise and represent you if you decide to sue.
