Wednesday, December 6, 2023

Can The Police Evict A Tenant

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Jason Walls: Toothless Kinga Ora Must Be Given The Power To Evict Violent Tenants

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Tue, 23 Nov 2021, 10:57AM

There seems to be a problem at New Zealands social housing agency Kinga Ora.

They either cant, or wont, evict tenants no matter how much harm they cause to their neighbours.

The issue was thrust into focus last week, after the Herald reported two pensioners in Whangrei had been subject to a prolonged campaign of intimidation and fear at the hands of their Kinga Ora neighbours.

The pensioners also Kinga Ora tenants say theyve been terrorised at the hands of their Black Power member neighbour, who allegedly threatened to slit the 82-year old throat to watch him bleed out.

The Police have been called 20 times this year alone and the pair are at breaking point, suffering from constant anxiety.

I can imagine.

To Kinga Oras credit, the housing agency did step in. They halved the couples rent, paid for counselling, and arranged for a private security firm to visit the home periodically.

Theyve also arranged for the couple to stay at an Air BnB.

But there is one element missing from Kinga Oras response to the issue any major repercussions for the anti-social tenants.

One would think a death threat would warrant an eviction notice but no, it appears they get to stay.

This is, unfortunately, unsurprising.

According to Public Housing Minister Poto Williams, there have been just three evictions from Kinga Ora homes since this Government took office in 2017 and none since 2018.

What Can A Sheriff Do To Enforce The Order

The sheriff will notify the tenant by posting on the rental units door with a letter noting the intention to enforce the writ of possession with a schedule such as a date and time of eviction.

Writ of Possession or Writ of Restitution is posted on the door of the rental unit. The document gives the tenant time or deadline to move out before the sheriff returns. The sheriff must give the tenant 3 days to vacate the premises, but sometimes, a week or 7 days is given to the tenant.

If the tenant hasnt moved out on the scheduled date and time, the tenant will be escorted out by the sheriff, and the landlord will have the right to enter the unit, remove the tenants belongings out of the property, and change the locks of the rental unit.

If the tenant moves out following the eviction notice, the landlord must give the tenant approximately 72 hours for the tenants belongings. The landlord must make the tenants things available by keeping them in the rental unit or close to the rental unit. If the landlord cannot make the tenants belongings available, the tenant can file for a loss of personal belongings.

After leaving the residence as scheduled, the tenant is not allowed to go back without consent from the landlord. And in case the tenant persists in entering the residence, then the landlord can charge the tenant with a lawsuit of trespassing.

You May Owe More If You Stay Longer In The Property

You should bear in mind that the longer you stay on in the property, the more money you might end up owing.

If there are any further legal procedures, you might have to pay court costs, including those of your landlord. You might have to pay your landlord rent up until the day you leave, although this isnt always the case.

If youre thinking about staying in your home after you get a notice of eviction, you should get advice from an expert housing adviser. You can get advice from your nearest Citizens Advice.

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Can A House Guest Refuses To Leave

A guest who wont leave is technically a trespasser unless, that is, the police think hes a tenant. This situation can quickly become complicated. Houseguests who have overstayed their welcomes are technically trespassing, which is a crime. However, getting rid of a trespassing houseguest can be challenging.

Landlord And Tenant Board Eviction Order

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If a tenant refuses to move out after receiving an Eviction Notice from the landlord, the landlord can ask the Landlord and Tenant Board to end the tenancy by filing an application. The Board will hold a hearing to decide if the tenancy should end. Both the landlord and the tenant can attend the hearing and explain their side to a Member of the Board.

If granted, an Eviction Order from the Board will specify when the tenant must be out of the unit. If the tenant does not move out, the landlord can file the Order with the Court Enforcement Office. Only a Sheriff can enforce an Eviction Order and force tenants to leave their homes. If a landlord locks a tenant out of the rental unit without the Sheriff being present, the tenant may contact the police to help re-enter the unit.

For additional information on evictions, visit the Landlord and Tenant Board website, or view their brochure How can a landlord end a tenancy.

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Evicting Tenants For Interfering With Reasonable Enjoyment

A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or another tenant. The notice of termination shall provide a termination date not earlier than the 20th day after the notice is given. The notice is void if the tenant, within seven days after receiving the notice, stops the conduct or activity or corrects the omission.

Pros And Cons Of Hiring Professional Landlord Eviction Services To Deal With Your Tenant

Tenant eviction involves many legal details. You first have to properly serve the correct notice and give the tenant time to respond. If they do not, then a case has to be filed in court with an eviction notice and request a hearing. If as a landlord you miss out on any details, the judge may rule the case in favor of the tenant and you have to start the process over again costing more time and money. Read More

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Disputes As Civil Matters

This is almost a knee-jerk response to incidents where there is no violence, and sometimes, even when there is violence.

Sure, disputes can be dealt with in civil courts but allegations of breaches of the Protection from Eviction Act 1977 are criminal offences, not civil ones. It is the council which prosecutes under this legislation, not the Police and that is where the misunderstanding arises.

This is something that adversely affects tenants more than landlords. When being faced by imminent illegal eviction Police could take action under Section 25 of the Police and Criminal Evidence Act 1984 and arrest anyone who they suspect of committing a criminal offence, but I have never known them to do this in 22 years.

Tenant Property Left Behind During Eviction

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  • For evictions filed before 3/1/14, the landlord must arrange with the sheriff to move and store any property left behind. Only the sheriff can decide if something is trash to be thrown away. The sheriff must tell you within 10 days where your property is being stored and how much it costs, and give 30 days notice to throw it out. Only the sheriff has the authority to remove the tenant or their property. In Milwaukee County, the landlord must hire bonded movers in other counties, landlords can choose to purchase their own bond of insurance. Wis. Stats. 799.45&
  • For evictions filed on or after 3/1/14, there are two options. 1) If the landlord wrote in the lease that they won’t move and store property left behind, the landlord can do anything they want with property in an eviction, without involving the sheriff, but they must notify the sheriff that theyre doing it themselves. The sheriff must still be there to remove the tenant from the property. 2) If the lease doesnt say anything about property left behind, the landlord has to follow the old rules listed above for evictions. If it says something specific about how they will deal with the property, they must do that. It is illegal for a landlord to change this rule in the middle of a lease without the tenants permission. Wis. Stats. 799.45, 2013 Wis. Act 76, Sec. 40 – 57

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Tenant Property Left Behind

There are different rules for property left behind in a court-ordered eviction, and property left behind when a lease ends or if the tenant moves early for any reason.

Exception For Medical Equipment/Prescriptions

None of these rules apply to prescription medication and medical equipment. A landlord must always store these for at least 7 days, and return them promptly when the tenant asks, no matter what. Wis. Stats. 704.05

Evicting Tenants For Illegal Activity

A landlord may give a tenant notice of termination of the tenancy if the tenant or another occupant of the rental unit commits an illegal act or carries on an illegal trade, business or occupation or permits a person to do so in the rental unit or the residential complex. A notice of termination under this section shall set out the grounds for termination and shall provide a termination date not earlier than the 10th day after the notice is given, in the case of a notice grounded on an illegal act, trade, business or occupation involving.

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Who Polices The Private Rented Sector

Article 62 or the Private Tenancies Order states that:

the Department may

give directions of a general or specific nature, or

issue guidance,

to district councils as to the manner in which they are to discharge their functions under this Order and the Rent Order

In November 2010, the Department for Social Development issued guidance to councils on their powers under the private tenancies order. This guidance explains the options available to tenants affected by illegal eviction, namely

  • the Environmental Health Department has the powers to investigate harassment and illegal eviction. They can prosecute if they believe an offence has been committed.
  • if illegally evicted a tenant may get an injunction from the Court to allow them back home.
  • a tenant may claim compensation for the losses suffered.
  • a tenant can seek advice from an independent advice centre.

While the guidance states that tenants can get an injunction from the court to allow them back in the property, the PTO does not place an onus on local councils to seek an injunction to allow a tenant to re-enter their home. The guidance is quite light touch. Well-resourced councils, in areas with a high concentration of privately rented properties are often more proactive in dealing with complaints about harassment and illegal eviction.

If you have a client who has been affected by illegal eviction and you would like to know more about council powers to assist, please get in touch with Housing Rights Service.

When A Landlord Might Send A Notice Of Termination For Cause

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Although terminology varies somewhat from state to state, there are basically three types of termination notices that you might receive if you have violated the rental agreement or lease in some way:

  • Pay Rent or Quit Notices, which are typically given to someone who has not paid the rent. These notices give you a few days to pay the rent or move out .
  • Cure or Quit Notices, which are typically given to someone who violates a term or condition of the lease or rental agreement, such as a no-pets clause or the promise to refrain from making excessive noise. Usually, you have a set amount of time in which to correct, or “cure,” the violation.
  • Unconditional Quit Notices, which are the harshest of all. They order the tenant to vacate the premises with no chance to pay the rent or correct a lease or rental agreement violation. In most states, unconditional quit notices are allowed only if you have:
  • repeatedly violated a significant lease or rental agreement clause
  • been late with the rent on more than one occasion
  • seriously damaged the premises, or
  • engaged in serious illegal activity, such as drug dealing on the premises.

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If Your Landlord Asks The High Court To Send Bailiffs

Sometimes your landlord might ask the county court for their case to be transferred to the high court. Youll be told if this happens. Your landlord could then ask the high court to send bailiffs.

High court bailiffs have to give you a notice of eviction with the date and time of your eviction. They have to give you notice of at least 14 days before they evict you. You can talk to an adviser for help.

Stage Four: The Judgment

At the fourth stage, the court decides if the landlord has met all the legal requirements to force a tenant to vacate the property. If the court enters an eviction order, the tenant will usually have a few days from that date to vacate.

A tenant may appeal an eviction order, which could extend the amount of time they can remain in their home, but the process is often opaque and inaccessible. Most tenants do not realize they can appeal and many cannot afford the process. In South Carolina, magistrate judges routinely exercise their discretion to require tenants to make rental paymentseven if those payments are in disputebefore they can proceed in the appeals process. When a woman in Effingham, South Carolina attempted to appeal an eviction order concerning a pet deposit she didnt think she should have to pay, a judge only gave her a few days notice to pay $1,050 to proceed with the appeal. Her case was dismissed a week later when she couldnt come up with the funds.

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Lease Expires Or Is Violated

Landlords can evict tenants for a variety of different reasons depending on the state.

Typically, landlords must have a valid reason to evict a tenant unless the lease/rental agreement has expired, such as nonpayment of rent, illegal activity, and lease violations.

Several states also include things like health/safety violations or sale of the rental unit as acceptable reasons to evict a tenant, as well.

In most states , tenants can be evicted simply because their lease has expired and the landlord doesnt want to renew, even if the tenant has not violated the lease in any way.

Some states, like New Jersey, have very specific reasons tenants can be evicted, while other states are vague about when its acceptable to evict tenants. Its essential for both landlords and tenants to understand the allowable reasons for eviction in their state.

Main Reasons To End A Tenancy Earlier By A Landlord

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There are 10 main reasons to end a tenancy earlier by a landlord: 7 of them connected with the tenants conduct and 3 other reasons for eviction that are not related to what the tenant has done or not done. These 10 reasons are:

  • non-payment of rent or not paying the rent in full
  • persistently paying the rent late
  • causing damage to the rental property
  • illegal activity
  • affecting the safety of others
  • disturbing the enjoyment of other tenants or the landlord
  • allowing too many people to live in the rental unit
  • landlords own use
  • selling the house
  • demolition, conversion or repairs
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    California Evictions And The Police

    In California, police rarely involve themselves in disputes between property owners and tenants or occupants until they’re ordered to. Involving police after serving your property’s tenant or occupant a three-day notice to quit may therefore be premature. Once a three-day notice to quit expires and a tenant refuses to leave, you must first file an unlawful detainer lawsuit with the appropriate California superior court. In the Golden State, the police may be involved only once you’ve requested they serve notice of an unlawful detainer lawsuit.

    Tenants Can Get Evicted For Calling The Police Across New York And Much Of The Country

    The second time that Laurie Grape called the police during an attack by her then-boyfriend, they told her that a third call would get her evicted. Under a local law in East Rochester, New York, three police responses to the same property within a 12-month period were once grounds for a person to be kicked out of her home. The next time her ex-boyfriend attacked her, Laurie decided to stay silent rather than risk eviction.

    Laurie, however, didnt stay silent for long. In 2010, Grape and another domestic violence survivor settled a lawsuit against East Rochester, resulting in the village changing its so-called “nuisance abatement” law. Unfortunately, similarly harmful ordinances continue to be in force across the state of New York.

    Today, a coalition of rights groups called on 11 of these municipalities to repeal their nuisance laws. The New York Civil Liberties Union, the ACLU Womens Rights Project, the Empire Justice Center, and the New York State Coalition Against Domestic Violence sent letters emphasizing that repeal is necessary because these ordinances violate peoples constitutional and civil rights and undermine community safety.

    People experiencing intimate partner violence, as well as anyone else who requires police assistance, should not have to choose between personal security and losing their home.

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    Evictions Under Florida Law

    What is an Eviction?

    Under Florida State laws, if your tenant is unable to or refuses to pay, the only way to remove them legally is through the eviction process. Normally, the police does not get involved with the removal of a tenant as such process is handled through the civil eviction process and not criminal law. However, if the tenant or tenants are destroying or removing property which belongs to you, then such acts may fall under actionable criminal conduct which is best addressed through the police.

    There are residential evictions as well as commercial evictions. Residential ones typically take one month or so, while commercial evictions take comparatively longer.

    Residential evictions are handled under the laws codified in Florida Statute Chapter 83.40 83.682 while commercial eviction are governed by 83.001 83.251. Typically, a successful litigant in an eviction proceeding is entitled to his or her attorney fees and costs.

    An eviction results from a breach of contract. Either the tenant has failed to pay as required under the lease, or the tenant has overstayed his or her tenancy term, or otherwise, breached a material term of the contract such as failure to maintain the property, assigning the lease without landlord permission, or violated a clause of the contract such as a no pets requirement.

    For Additional information, please see:

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