[carol51]

Tenant is 9 days late on rent, no eviction notice received from landlord, can landlord remove appliances in unit without an eviction notice?

[AK lawyer]

No.


By "appliances", do you mean range, refrigerator, etc. (those items owned by the LL)? That would constitute unlawful ouster on the part of the LL, and there are specific penalties against the LL for doing so, under most LL/tenant acts.

Or, if these were your appliances, you could call the police and acuse the LL of theft.

[ScottGem]

A landlord cannot affect the habitability of a unit in revenge for non payment. So even with an eviction notice the landlord cannot remove fixtures.

[bkdaniels]

If the eviction process has not began, I wouldn't be surprised if the landlord didn't get away with it. You will have to look at your lease. Sometimes, the language in the lease suggests the "appliances are on loan and not part of the lease." Because the eviction process has not been started, your best alternative to is begin building a case of harassment - against your landlord.

As a landlord, he or she should be more concern about getting tenants out rather than appliances. However, he might assume that by removing the appliances you will move. The landlord is not able to do anything else, such as change the locks, without an eviction notice from the Sheriff. Therefore, my advice to you would be to remain calm and do not be intimidated by the actions. He may just be upset that he cannot do anything else.

If you plan on building a harassment cases against your landlord, it may not be worth the trouble. Your landlord can easily say that he was just exchanging or replacing them and make the judge think you paniced. In other words, there is insufficient evidence against him for harassment. As long as you pay applicable late fees, the landlord cannot evict you just because you are late. Later, however, you may be able to file a "wrongful eviction suite against him.

Hope this answers your question!

[LisaB4657]

If the landlord removes appliances and doesn't replace them within a reasonable period (definitely not longer than a few days to a week) then this is considered a "constructive eviction" and is illegal regardless of whether rent has been paid.

[AK lawyer]

... he might assume that by removing the appliances you will move. The landlord is not able to do anything else, such as change the locks, without an eviction notice from the Sheriff. ... he may just be upset that he cannot do anything else. ...

Wrong.

The LL isn't permitted to do what he has done (remove appliances), let alone "anything else".
And, by the way, whatever you mean "eviction notice" (notice to quit or summons of a court action for eviction), it doesn't necessarily have to be served by the sheriff.

... If you plan on building a harassment cases against your landlord, it may not be worth the trouble. Your landlord can easily say that he was just exchanging or replacing them and make the judge think you paniced. In other words, there is insufficient evidence against him for harassment. As long as you pay applicable late fees, the landlord cannot evict you just because you are late. Later, however, you may be able to file a "wrongful eviction suite against him.
...

Wrong again.

A wrongful ouster by a landlord (evidently what you mean by "harassment") is clearly evidenced by a removal of the appliances. If the LL later claims that he was replacing the appliances, he had better have given the tenant notice of doing so. He cannot enter the premises without prior notice. And he cannot "replace" the appliances either without telling the tenant.

Landlords can and do evict tenants because they are late with the rent. But they have to do it according to law.

And it's "suit", not "suite".


Incorrect.

[excon]

Tenant is 9 days late on rent, no eviction notice received from landlord, can landlord remove appliances in unit without an eviction notice?

Hello carol:

If your landlord DID that, write him a certified letter demanding he replace the appliance within 72 hours or you'll commence a wrongful eviction lawsuit.

excon

[Fr_Chuck]

As noted by everyone except the person with no idea, the landlord can not do that, and if he does not bring them back, the renter can sue the landlord. And this may even in some courts go against the landlord who may be required to give the renter more time before they move out