Behind in Rent, can they kick me out in the winter months???

Question

I am between jobs and behind in my rent and I heard that they can't turn my power off in the winter on me but can they kick me out of my apt onto the street??

Answer 1

Yes they can, It doesn't matter what month it is if you dont pay your out.
Bad things happen to good people so talk with your landlord and try and work something out.
They are not like the utility companies and have no obligation to keep you there. The good news is it takes so long to evict someone it will be spring by the time the actually get you out.
Best of luck.
RE Agent,
Remax

Answer 2

I am going to assume you are in the US. The laws concerning tenancy during the winter will vary by country (and by state).

You are confusing two topics.

Most utility companies are not allowed to turn off services if they are needed for heat. Even then they can take some actions. Understand that the utility is generally a regulated monopoly so you have few options.

Most landlords are a private party. You fail to pay rent and they are losing income. As long as they follow the regulations for how to serve an eviction notice they can definitely have you booted out during the peak of the winter. You have a choice where you live.

Make not assumptions about what the landlord will do. Read your contract and check the local regulations. if you get a notice pay attention. In some cases the sheriff can appear after a judge approves the eviction. In that case they move your stuff in the street.

Answer 3

Depends on state landlord-tenant laws and your rental agreement. Here, if your rental agreement says you have to pay rent on the 1st of the month and you don't pay on the 1st the landlord will post a "three-day notice" (or notice to pay rent or quit). Meaning you have three business days to pay the entire amount due or move out. If you do NEITHER the landlord can file for an eviction hearing (also, "Forcible Entry Detainer") after the "three-days". A hearing will be scheduled w/in 10 days, and the judge will make a ruling. If the judge rules AGAINST you, you will be told to move out (typicaly w/in 72hrs). If you haven't moved out willingly, the landlord will get an order from the court (A "Writ of Restitution"), giving the landlord the right to have the sheriff force you out.

Doesn't matter what time of year.

There is an old saying in the landlord business: "If you can't evict your grandmother on Christmas Eve, you shouldn't be a landlord!"

Answer 4

Of course they can evict you. You agreed to pay rent in exchange for shelter. You are not upholding your end of the contract, regardless of the reason.

Turning off power is an entirely different matter. The landlord can get into some serious (tort) trouble for turning off utilities.

Come to an agreement with your landlord, get that job back, and get back on track.

Best of luck.

Answer 5

They can't just put you out in the streets. They have to go through a legal eviction process which takes time in the courts. Once they receive permission from the courts to evict you, they usually have to give you a 30-day eviction notice. You do have some time.

Answer 6

You should check the rent laws for the state you're in. In North Dakota, they can and do. Presently, the temps are in the minuses, with wind chills of -30 to -40. And, yes, you do get evicted if you're behind in your rent.

Answer 7

They can't just kick you out. They have to serve notice and file paperwork with the courthouse. You should be able to buy about 30-45 days then you will be out. Spring isn't far away!!!

Answer 8

The landlord will have to go through an eviction procedure but it doesnt matter what time of year it is.

Answer 9

I would do what I could to talk to the power company and your Landlord. Humanity can prevent some tragedies just through communication. But yes they can throw you out into the street. Welcome to the hard, cruel, world.

Answer 10

Yes