My Noogee

With the present condition of the economy many people find themselves getting behind in their rent. When this happen many landlords with will lock their tenant out of a house or apartment they are renting and often this happen with no warnging from the landlord. Although this is a common practice of many landlords is it legal to do so?

When a tenant rent an apartment or house he acquires possession rights in the property. Although each state has its own laws that governs the landlord /tenant relationship, general there are only two ways which a tenant’s possession rights in property can be terminated. First, the tenant can voluntarily relinquish possession and control of the property. This is usually done by the tenant voluntarily moving out of the property. However, if the tenant refuses to relinquish possession, the only other way is by a court order (eviction).

The eviction process starts with some type of notice to the tenant that he is being summons to court to be removed from the house he is occupying. Usually, the notice will give a specific date to show up at court. If the court make the determination that the tenant no longer has legal right to possession of the property then the judge will sign a court order evicting the tenant. The Judge will set date for the tenant to vacate the property.

The only way the landlord can legally change the locks and keep your stuff is if there is a order from the court. If he just changed your locks, then he may possibly face both criminal and civil consequences.

KEY POINTS. A landlord must take you to court first and have a court order to evict you before he can change the locks on you. If there is no eviction order from the judge or you are moved out before the court order runs out, the Land Lord can not lock you out of the property, and can not touch your belongings.

Get more legal information atLegavue. Find out more about Landlord Lock Outs