LAND LORD TENANT RIGHTS, what can i do? professional answers are needed. Much Aloha, Debra?

Can a landlord change the locks on all doors after she has given a 45 day eviction notice? After the 45 days are expired, and they refuse to leave, what can i do , the legal way. I am looking for an answer with as less loop holes as I can find/ if the tenant refuse to pay rent, can the 45 days be lessen? or do i have to wait the 45 days? do I also have the right to refuse them use of my washer? {they have 5 kids and 3 adults}
If the tennent have a 3rd party move in and not have that 3rd person pay me rent…what are my options? my water is went from 0 to 0. Why is it that the tennent have more rights then the owner of the rented home? There is no rental agreement, it is a month to month lease with no paper work. My fault, rented to a close family friend who i grew up with, he was like a brother to me. and other siblings. there is also drug use in the home, {pot} and i found out the might me a gun in their home. police says they cant do anything about it. police were called 3X!

7 Responses to “LAND LORD TENANT RIGHTS, what can i do? professional answers are needed. Much Aloha, Debra?”

  1. Logic316 Says:

    I myself own a 2-family house and I also rent out an apartment here on a month-to-month basis. It is nowadays illegal anywhere in the U.S. for a landlord to lock a tenant out of the apartment, remove his belongings, shut off his utilities, take his front door off it’s hinges in the wintertime, or use any other creative "self-help" methods for physically forcing a tenant out. It doesn’t matter even if the tenant hasn’t paid rent or is being a nuisance. However, that doesn’t mean tenants have more rights than landlords. The fact is, both landlords AND tenants have rights and responsibilities, and problems occur when one or both parties don’t know what they are (as in your case).

    If that tenant moves out and has somebody else move into the apartment who you never rented it to – that’s an illegal occupant. As long as you *never* accepted any rent payments from that 3rd person, you can have him tossed out by the police as a trespasser. However, if you did ever accept a rent payment from him (even once), then he has legally become your tenant and has the same rights as the original tenant.

    As for your washing machine, if it’s not actually located in the tenant’s apartment you can certainly block access to it. You are only legally required to respect the tenant’s living space and allow him access to that. But you can freely prohibit access to any of your equipment outside his apartment, even if you allowed him to use it previously (unless you have a written lease specifically guaranteeing him the privilege of using the washing machine).

    There is absolutely no such thing as a "month-to-month lease". When you’re renting out an apartment "month-to-month", then you don’t have any kind of lease whatsoever (which actually gives you more legal rights than if you did have a lease). A lease is a written contract which guarantees that a tenant can stay in an apartment for a set period of time (usually for one year or more) as long as he doesn’t violate the rules. However, in your case you can have a tenant leave for any reason you want after giving him sufficient notice (as long as you’re not discriminating against his race, religion, age, gender, etc). My state requires a minimum of 30 days notice when telling a tenant to leave, your state’s law may differ slightly. It’s best to send a tenant a Notice to Vacate by certified mail (just so you have a record of it). And if the tenant refuses to leave after that time, you have to take him to housing court and the police will force him to leave, if necessary. The eviction procedure may take anywhere from a few weeks to a few months, depending on how efficient your court system is. The court will also order the tenant to pay any back rent owed to you, but it’s questionable as to whether you will actually be able to collect it. If the guy has no money or if you can’t find him after he leaves, you’re out of luck there.

    Now, if you can prove that there is in fact illegal drug or weapons activity going on in the apartment, then it’s possible that the laws in your area may allow you to evict the tenant immediately, and will provide a police presence for you. It’s best to discuss this with a lawyer in your area, though, as not all jurisdictions allow a landlord to do this (yet).

  2. hexeliebe Says:

    The landlord NOR the police can evict without a court order. YOU can’t do anything until then.

    In fact, if you DO change the lock, it’s called constructive eviction and/or illegal conversion and you can be sued for actual and puntative damages.

    Go to court and get a judgement for eviction.

  3. royphil345 Says:

    You can’t do anything until you have legally evicted them through the courts and any waiting period is up.

    You have all the advantages as a landlord. You could have put all kinds of rules and conditions into your lease and kept the security deposit for breeches that cost you money. Like you said… You did BUSINESS in a careless and unprofessional manner. You’ll pay dearly for that in any business!!! Live and learn…

    Americans have the right to bear arms. It’s kept us free this long, although the "globalist" folks are really trying to put an end to that right now. Who the heck do you think you are to take away another American’s rights? Would you have us hand over our guns??? Congrats on turning your neighbors over to the police for a little pot… You’ve been trained well. Enjoy your police state and FEMA camp, you dumb Nazi… READ THE HISTORY BOOKS!!!

    Do you really expect them not to torture you until their eviction is legal after you repeatedly called the police on them and you have no lease at all to protect you??? LOL… I’m sorry… but you really need to learn you business or just get out of it.

    …and you really need to wake up, see how precious and rare freedom is (read some history books), see what fearful, boot-licking, lying, greedy, filthy scum Americans are becoming, how our families and communities are being torn apart and stop being brainwashed into giving your country and freedoms away for "safety". The people you’re giving control to are the same ones intentionally causing these problems to gain control!!! Empires have been built that way for thousands of years!!! Turn off the F’ing TV and turn on your brain. If you want to make money in a business… BE WILLING TO DO THE RESEARCH AND THE WORK!!! How far did you expect ignorance and laziness to take you???

    Yeah… "Thumbs down" for defending The Constitution and telling someone that ignorance and laziness won’t get them far in any business…

    That’s EXACTLY what I’m talking about and sadly why a free America will probably not survive much longer. MANY people really ARE becoming that stupid!!!

    BOTTOM LINE:

    All you really had to do was give them notice that you will no longer be renting on a month-to-month basis and that you will now be requiring a lease, state your new rules and supply a list of different rent prices based on different numbers of people allowed to occupy the residence. That’s all you had to do. Calling the police on them was just completely ineffective, unamerican and dumb since you have no lease to protect you against retaliation.

    I would still advise doing the above, since with no lease and no rules, you can’t even prove a legal reason to evict them in court. Eviction is a legal contest. They could choose to fight the eviction and probably would win if they paid their rent and you have nothing to show they broke any agreement. Your case would be thrown out and you’d have to start the eviction process over again with LEGAL GROUNDS FOR EVICTION THAT CAN BE PROVEN. If they refuse to sign a lease starting the month you require one, or to pay a rent increase, or to obey an agreement you have in writing… thats legal grounds for eviction.

    This is the only decent advice you’ve received here, since nobody else even pointed out you honestly don’t even have legal grounds for your eviction that will stand up in court the way things stand now.

    Yeah… I was hard on you… Might do you some good someday… You really don’t get that you’re asking people for "help" that you’ll use to make money in your business when you’ve made no attempt to help yourself and you’re completely clueless about the business you’re in??? You really think handing over our freedoms due to fear and a breakdown of society to the very same people intentionally causing these problems will accomplish anything outside of enslaving your children??? This is EXACTLY how the Nazis worked!!! The "Globalists" are in the process of ripping this country to shreds and "freedom" is pretty much an illusion already. This is no joke!!! http://www.nfowars.net:443/stream1.ram

  4. tonalc1 Says:

    It depends where you live. I’m assuming from your "aloha" signoff that it’s Hawaii.

    Tenant eviction can be caused by unlawful deeds or if the actions of the tenants threat the security of people residing in the building or in the surrounding area.

    And no, you cannot change the locks. Nor can you mess with their utilities. According to state law: The landlord shall not recover or take possession of a dwelling unit by the wilful interruption or diminution of running water, hot water, or electric, gas, or other essential service to the tenant contrary to the rental agreement or Section 521-42, except in case of abandonment or surrender.

    To get them out, you need a legal summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession.

  5. hypofocus Says:

    Depends on what state you’re in. Call your local housing office or landlord-tenant board if there is one. Do it legally and you won’t have any more problems. Mostly likely you just have to wait.

  6. MALIBU CANYON Says:

    I differ with the "Top Contributor". He means "unlawful eviction" which is a recognized cause of action in California. Constructive eviction relates more to habitability issues (rodents, etc.) or to partial dispossession (e.g., erecting a wall which reduces the habitable space; less common than alleged habitability issues)
    A lockout is legal when done pursuant to a writ of possession issued and executed pursuant to a judgment for possession (in other words, involving the court and the sheriff or marshall).
    As always in these matters, consult an attorney.
    Good luck.

  7. Roop Mishra Says:

    My tenant have his own res. plot in the city but said in the court he has no money to prepare room etc. hence he is not going to vacat my house. Can I evict him.