A poorly written article states that, "[a] Yolo County Sheriff's deputy shot and injured a Davis woman . . . while evicting her from an apartment complex." The tenant apparently threw a knife at a Davis police officer, striking him in the head without causing any injury. If this former tenant didn't have a lawyer before, I bet she wants one now!
Landlords and tenants should never use self-help remedies. For landlords, this includes threatening the tenant, changing the locks, shutting off the utilities, physically removing the tenant or his possessions, etc. By engaging in self-help the landlord is giving the tenant defenses to the eviction and causes of action for a possible trespass, assault, battery, slander or libel, intentional infliction of emotional distress, and wrongful eviction lawsuit against the landlord.
For tenants, see the behavior described above as an example of what not to do. The bottom line is that self-help is illegal in California (California Civil Code section 789.3), and most other states.
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Though the owner of a house commands superior powers with matters related to his house, neither he nor the real estate management professional that he employs to take care of his house has the right to evict a tenant without sufficient reason. There are certain factors that the owner and the managing professional should bear in mind before proceeding to take any action. Every city, town or locality has some governing body that has set rules for the owners and the tenants and any deviation from them can be considered illegal by the offended party. The tenant can challenge the owner or the managing team in court if any unjust behavior is meted out to him. Visit the link How To Evict Squatters to get more ideas about this.
ReplyDeleteTo evict a bad tenant, a landlord has to follow the law of eviction of a tenant. No matter how bad your tenant is, no matter how he/she is the cause of disturbance of the landlord's tenants or no matter how much rent is owed, a landlord can't just do things in his own hands. There are rules to follow in How To Evict Tenant. Tenants are required to keep their unit clean and safe. A tenant should be expected to have some cleaning capabilities such as keeping kitchens and bathrooms cleaned, and removing all garbage they generate to the appropriate receptacles or designated location for city pickup. Fore more information click here.
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