Is it legal to put a padlock on my horrible tenants door?

Question

They are behind rent, smoke crack, and broke a window.

Answer 1

I don't think you can put a padlock on the door but you can have them evicted.

Answer 2

No it's not legal. Depending on where you live there are different requirements for how you can evict them and what the lease they signed says. Your best bet is to contact the clerk of the courts in your area and see if they can offer the paperwork required for filing for an eviction and also probably tell you the time requirements for the eviction process.

also if you get no luck with the clerk of courts you might want to call up some local property management offices in the area and they can tell you what they do when dealing with late payments.(they have to go by the book too)

here is an intersting site that might give you some insight too.
but as i said before it all depends on the state you live in.

http://www.co.clark.nv.us/Constable/Eviction_Process.htm

and most of all, good luck.

Although from my experience as an office assistant in a rental office, it's mostly by the books and pretty much a no brainer for the judge as long as you have all your paperwork in order and have followed through with all notices. Oh and only file for the rent amount. You can not file for late fees(unless your state says otherwise, use a collection company after they have been evicted for the late fees and other fees) If you do it will automatically hault the proceedings and you will have to start all over again.

Answer 3

It depends on where you live. Some state have certain steps that you have to follow before you can evict someone. For example in Florida a landlord has to give the tenant written notice that is they don't pay back rent or otherwise comply with their lease within 7 days, eviction proceedings will begin. If you're state requires such steps and you haven't taken them, you would be breaking the law by padlocking the apartment because you would be denying the tenant access to their property in the apartment..

Answer 4

No, unfortunately you can't. You might get away with it if they're stupid enough, but they could easily call the cops on you. And the cops would take their side and quite possibly arrest you, although they would most likely sympathize with your situation and just make you take the lock off. Tenants have many rights under the housing laws these days, and you can't just throw them out at-will using such "self-help" methods anymore. You need to give them a written tenancy termination notice and then you need to report any criminal activities to the cops. Then you should obtain copies of the police reports and go straight to the housing court in your county and file for eviction. By explaining that your tenants are engaged in criminal activities (in particular ones involving narcotics) the court might evict them a lot sooner. Once you get the court order, you can go to the sheriff's department to execute it and throw the bums out for you. You can also withhold the security deposit and sue them for any rent or damages it doesn't cover, but I doubt you'll be able to collect anything from them.

And in the future, it would be a good idea for you to consult with a housing attorney so you know exactly what your rights and responsibilities are as a landlord, and so you can know how to conduct proper reference and background checks on tenants to help prevent troublemakers from getting into your building in the first place. You can't win this game if you don't know the rules.

Answer 5

Depends on your rental agreement or lease and state laws where I live I just give 5 and 14 day notices but when dealing with crack heads it can be tough we had a couple who we evicted in December they had somehow managed to get the utilities put into my name they hadn't paid their own luckily the utility company notified me they also said they weren't leaving planned on living there till the sheriff dragged them out. They assumed I wouldn't or couldn't legally turn off there lights and heat but I did was in my name I could do whatever I wanted. But they still didn't leave they started heating the place with the gas stove so I had to have the gas cut too. Was a nightmare we had to run heaters under the house so the pipes wouldn't freeze and eventually my ex had to get some shady characters to go and ask them to leave. Good luck crackheads r the hardest to kick out.

Answer 6

No, you could end up giving them the house in court. A friend of mine threw out a tenant like that. The tenant sued and won. My friend lost the house to the tenant, and she still had to pay the mortgage off!!!!

Answer 7

You have to evict them and probably want an eviction attorney. In California, you must do it right or have to start all over. Putting on a paddle lock might be an unlawful eviction and you would probably be made to pay.

Answer 8

No, it's not legal.

You have to serve them formal notice of eviction first.

In most jurisdictions (unless the lease says otherwise), that's 30 days in writing.

After the end of that period, then yes, you can lock them out.

But double-check with a lawyer in your state who can review the relevant laws to be sure.

Answer 9

hmm i am not sure. I work in the storage business and we can over lock just not sure of tenants in apartments or houses. I think u need to have them served eviction papers?

Answer 10

It is illegal to do that. You have to go through procedures. 30 day notices, court orders and then if you do get a final court order and they are still not out, you can call the cops to have them escorted out. But please check your state laws. You can also check on the net for your state laws regarding tenent/landlord rights handbook.

CA landlord.