Can a landlord lockout a tenant?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a landlord lockout a tenant?

We received notice of intent to terminate our rental agreement for non-payment. I then talked to my landlord and told him we had the money; he said that was fine. His wife called yesterday and said that they didn’t want the money and we had to be out today or the locks would be changed and we wouldn’t have access to the house or our personal belongings. Is this legal and do we have any rights?

Asked on January 31, 2012 under Real Estate Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In answer to your question: no, no, no: they can not lock you out unless and until there is an order of eviction.  And then they would not do it the marshall or sheriff would.  If he tries call the police to break the lock.  And then go down to court and file an action against him and his wife.  He must propelry serve you with a notice (generally to pay or quit under the law) and then when you do not leave, to start an action for eviction in court.  Tell them that if they try you will file a claim for harrassment and unlawful eviction.  Good luck. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption