Renting out properties can be a delicate operation with many moving parts. Because of this, even just one problematic tenant can greatly impact business.
Landlords may feel like taking matters into their own hands when dealing with difficult tenants. However, it is important to be aware that doing so could complicate things.
What is a self-help eviction?
Self-help eviction occurs when a landlord or property manager tries to force a tenant to move out without going through the legal eviction process. Landlords must understand that self-help eviction is illegal according to New Jersey’s state laws.
It is typically done through direct action such as:
- Stopping a tenant from accessing their unit by changing the locks or barring the entrance
- Depriving them of access to utilities like electricity, water and heating
- Entering their unit without consent
- Removing their personal belongings without notification
An affected tenant could call the police for assistance and eventually regain access to their rental unit. They may also pursue legal action against the landlord which could cause further problems.
Furthermore, other tenants may view attempts at self-help eviction negatively. This could affect business operations.
Safer ways to handle a problem tenant
To mitigate legal liability, it can be helpful to try other means to resolve tenant disputes. Consider:
- Speaking with them about the issue
- Asking them to leave
However, if a landlord really wants to get rid of a difficult tenant, it may be best to file for eviction. In this case, it can be very helpful to collect complete documentation about the problems posed by a tenant and to seek legal assistance.
A single problematic tenant can cause many problems. Despite this, landlords should avoid unlawful evictions and instead consider following proper eviction proceedings to prevent legal liability.
