Can a landlord evict a tenant without notice or going to court?

The house doesn’t have heat, has roaches and the oven does not work.

Asked on January 14, 2013 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, a landlord may not evict a residential tenant without going to court; that includes what's known as "constructive eviction," or turning off utilities or otherwise making the premises uninhabitable. If the landlord does turn off utilities, or fails to correct other conditions which affect the habitability of the premises (it's ability to be safely and healthily be used as a residence), the landlord may be violating the implied warranty of habitability, and the tenant may be entitled to seek a court order requiring the landlord to correc the issues and/or monetary compensation.


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