Self-Help

Share This
« Back to Glossary Index

The landlord is legally prohibited from removing a tenant other than through the formal court eviction process

Self-Help is an act that endangers the physical safety of both the landlord and the tenant. The law prohibits landlords or their agents from engaging in self-help in eviction.

The owner and property manager must strictly follow the state’s eviction laws.

Examples of self-help include:

  • entering the tenants unit with a master key
  • changing the locks
  • turning off the utilities
  • removing doors or windows.
  • intentional and malicious harassment of the tenant

A tenant is still legally entitled to privacy and the quiet enjoyment of the property even if the tenant has not paid the rent.

Example:

In a 2020 case out of Texas, a landlord was in the process of breaking down his tenant’s door to physically remove the tenant from the premises for nonpayment of rent.

The landlord was unaware that the tenant had changed the lock to the front door. It was late at night, and the tenant was sleeping in his bedroom.

Awakened and alarmed by the sound of the door being busted in and thinking it was an intruder, the tenant grabbed his shotgun and pointed it at the front door. Unable to see who it was, the tenant pulled the trigger. When the tenant saw his landlord on the floor drenched in blood, he called the police.

The landlord had survived his wounds but was sued for unlawful entry from the tenant and violating the state’s prohibition against self-help.

Related Articles

Can My Landlord Lock Me Out of My Apartment?

April 3, 2021
Can my Landlord Lock Me Out of my Apartment? No. This is considered self-help which is strictly prohibited under the law.  The landlord or his agents may not lock you out, throw you out, cut off your utilities (power & water), or take the law into their own hands in any way. These acts of "Self-Help"…
Read more →

Eviction Process: Know Your Rights and Defenses

April 3, 2021
Millions of Americans face eviction with nowhere to go every year. If you know your legal rights, you can fight the eviction while you make other arrangements. This article looks at the landlord-tenant eviction process. Common Legal Reasons For Evicting A Tenant The most common reason for tenant eviction is failure to pay rent. Assuming…
Read more →

Eviction Defense Lawyer

April 3, 2021
Do I Need a Tenants Rights Lawyer? You may represent yourself in court and present your defenses, but that may not be your best alternative. People who represent themselves usually lose. Non-lawyers are often confused by court procedures, and many judges have little patience with this. The landlord's lawyer won't give you any help and…
Read more →

Affiliate disclosure

GotTrouble.org is a one-stop free and open consumer information and expert resource.

Our information helps guide people through the complexity of life-changing legal, financial, and emotional challenges.

One way of doing this is by providing our visitors with a wide range of third-party resources. Some of which are affiliates.

Should you visit an affiliate, we will disclose this fact, and we may earn a commission. We ask that you use your independent judgment in deciding whether an offered service or product fits your needs and purposes.

If you have questions, please get in touch with us at inquiries@GotTrouble.org.

Sponsors