I know it is deemed %26quot;illegal%26quot; in many municipalities to change the locks to force an evicted tenant out, but how does this apply to a month to month tenant who has been delinquent in paying rent, has had the police called on him for domestic abuse against his partner, and is engaging in the manufacture and distribution of illegal narcotics from his rented unit? I know that if he refuses to leave, I would have to get the marshall involved, which would bring negative attention to my home, but can I lock him out legally if he refuses to leave peacefully? He's already been arrested for insurance fraud by torching his vehicle and a number of other illegal activities. I simply want him out without a confrontation or having to throw him out by force.
Changing the locks of a monthly tenant who refuses to leave after being served with an eviction notice?
File an eviction proceeding, get an order or writ giving you possession, hire some big guys to throw his junk out on the curb and THEN change the locks.
If you change the locks now, he can probably have you arrested.
Changing the locks of a monthly tenant who refuses to leave after being served with an eviction notice?
You should check your state's law. Illegal lockout can go against you in court and you will be fined a hefty sum. You must follow the eviction through to court.
There should be a date on the eviction notice stating a certain date he has to be out by. If he is not, then you call the law. Changing the locks may put you in a legal situation and surely will not stop a confrontation.
You can, but not in a legal sense. You are supposed to get an official notice of eviction served to him.
However...if you know that he is manufacturing drugs on the premises, then call the police, explain the situation, and ask them to escort you on an inspection of the premises. As the landlord, you should be able to legally enter. Have the officer stand outside. If you see drugs, tell them that there is probable cause to believe that the law is being broken, and ask them to enter.
Hard way: File an eviction letter and wait months
Easy way: Itching powder on the bed for a few nights then come in and say the city has detected a bed bug infestation and you need him to take his stuff out because you have to fumigate the place. If he comes back keep putting the itching powder down, when he complains that the bugs are still there say you'll send somebody next week. He'll get sick of it PDQ.
The fact that he's making illegal narcotics and participating in insurance fraud has nothing to do with you changing the locks on th the house.
If he's been served with an eviction notice, you should probably see an attorney before you do anything -- because anything you do, until the judge orders him to vacate the premises, could seriously damage your ability to get him legally evicted.
The law isn't necessarily a do-it-yourself venue, sometimes, professional assistance is needed.
