someone said that i could get a police summons for doing that -and what's the worst that could be if i do get such a summons?
2007-05-13 15:27:59 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
CHECK WITH A LAWYER ABOUT YOUR LOCAL STATE LAW.
A. You need evidence that the renter has failed to pay their agreed upon rent.
B. You would be acting in violation of a renters rights if you shut off the electricity without giving them fair notice the rent is over due in writing and they are to be evicted in 30 days if they fail to come up with the due amount of money, including back rent.
C. Without a written agreement you need a valid witness that you rented the property to be present when you rented the property and to be present when you ask them to leave.
D. If you have legal documents of rent, signed by both you and your renter, and show checks for the rent paid and have none for the present month. Give them a 30 day notice of eviction from date of delinquent payments. Always get your money in a check for your own records and security.
If they refuse to leave on the thirtieth day you have the right to use local law officials to have them physically removed after you show the police, or deputy sheriff, the papers that prove your case.
CHECK WITH A LAWYER ABOUT YOUR LOCAL STATE LAW: to see if you can legally change the locks on the doors and run the renter off if they return without payment or try to enter to gain their property which you can confiscate for the value of your loss of rent money.
Legal advice is usually a free option. If the lawyer thinks you need legal assistance they will advise that they are going to have charge you, before they go on.
If the lawyer doesn't advise you before continuing in respect to your questions you best try another lawyer until you find one that does give you that advice before charging you fees.
2007-05-13 15:58:33 · answer #1 · answered by d4d9er 5 · 0⤊ 0⤋
Turning off the water, electric, gas, removing the front door, changing locks, and so on is considered a 'advantageous Eviction' and it unlawful. in case you are attempting this, they are in a position to have the police concern you a citation and you'd be fined and could restoration the concern at modern-day besides. whether you have a written hire or no longer or whether the basement condominium is criminal does no longer rely. you will might desire to record for and eviction of the tenant. If the basement isn't a criminal condominium, then technically you could desire to call them a roommate and you may desire to nevertheless record for and eviction. you may get a criminal expert or you're able to do it your self with somewhat paintings and consider. touch the county courtroom and get a variety noted as something like a 'Landlord Petition'. You fill it out and get it notarized. You record this with the courtroom and have the sheriff serve the interest to the tenant. they're going to schedule a courtroom date and you ensue and plead your case.
2016-12-29 03:18:57 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Constructive eviction is a term used in the law of real property to describe a circumstance in which a landlord either does something or fails to do something that he has a legal duty to provide (e.g. the landlord refuses to provide heat or water to the apartment). The landlord's action (or failure to act) renders the property uninhabitable and the tenant may terminate the lease and seek damages.
To maintain an action for damages the tenant must show that the uninhabitable conditions were a result of the landlord's actions (not the actions of some third party), and that the tenant vacated the premises in a reasonable time.
A tenant who suffers from a constructive eviction can claim all of the legal remedies available to a tenant who was actually told to leave.
2007-05-13 15:33:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
No you can't get a police summons to do that. If he's not paying rent you need to file in court for eviction. If you do anything at all (ie cutting electric, changing locks, etc) before getting that order, and it can be used against you, thus making you to wrongful party instead of the renter that's not paying.
2007-05-13 16:36:31 · answer #4 · answered by caffeyw 5 · 0⤊ 0⤋
You can't shut off someones electricity for not paying rent. There's a process you have to go through in order to evict them legally.
2007-05-13 15:33:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You can go to jail for up to 1 year.
I'm just going to guess that you are renting an illegal apartment. if you turn off their electric he's going to continue to not pay rent. Eventually, the two of you are going to end up in court and you both will get in trouble. Try talking to your tenant and working things out.
2007-05-13 15:52:54 · answer #6 · answered by zebj25 6 · 0⤊ 0⤋
Two wrongs don't make a right. Go to court and get a legal eviction process started. Sounds like you two deserve each other.
2007-05-13 15:33:53 · answer #7 · answered by wyllow 6 · 0⤊ 0⤋
That is a VERY bad idea on your part! Instead, just give him notice to move out! You must give at least 30 days notice to him if you don't want to go to court. Infact, give him one FULL rental period's notice, which means that if rent is due next week, go ahead and give it to him now. He will be deemed to have adequate notice to be out. If he doesn't comply, call the cops on the day he's to be out and have them physically remove him from the premises.
2007-05-13 15:45:51 · answer #8 · answered by cyanne2ak 7 · 0⤊ 0⤋
You cannot deprive your tenant of the basic needs.
You can, however, hire a lawyer, go to court and get him evicted.
2007-05-13 16:37:56 · answer #9 · answered by Anonymous · 0⤊ 0⤋
It's illegal. You have to evict them legally. You cannot shut of their electricity.
2007-05-13 15:32:05 · answer #10 · answered by Anonymous · 1⤊ 0⤋