NCJ Number
54404
Journal
Law Enforcement Quarterly Volume: 7 Issue: 3 AND 4 Dated: (FALL-WINTER 1978) Pages: 8-11
Date Published
1978
Length
4 pages
Annotation
THE POLICE OFFICER'S ROLE IN HANDLING DISPUTES BETWEEN LANDLORD AND TENANT IS DISCUSSED. BOTH SHORT-RANGE AND LONG-RANGE SOLUTIONS ARE PROPOSED.
Abstract
IN THESE CONFLICT SITUATIONS, THE POLICE OFFICER WILL TYPICALLY FIND HIMSELF FACED WITH A TENANT WHO IS BEHIND WITH THE RENT AND A LANDLORD WHO HAS TAKEN STEPS ON HIS OWN TO EVICT THE TENANT. THE LANDLORD'S ACTIONS MAY HAVE INCLUDED THE FOLLOWING: (1) LOCKING THE TENANT OUT; (2) SEIZING THE TENANT'S PROPERTY; (3) REMOVING THE DOORS OR WINDOWS TO THE PREMISES; (4) INTERFERING WITH THE USE OF UTILITIES; AND (5) UNREASONABLY TRESPASSING ON THE PREMISES. IN MOST STATES, ALL OF THE ABOVE ARE UNLAWFUL ACTIONS. IF A POLICE OFFICER FINDS HIMSELF CONFRONTED WITH ONE OF THESE SITUATIONS, A SIMPLE EXPLANATION TO THE LANDLORD THAT HE HAS COMMITTED A MISDEMEANOR WILL USUALLY INSURE HIS COOPERATION. A LONG-TERM SOLUTION IS ALSO DESIRABLE, AND THE POLICE OFFICER SHOULD EXPLAIN THE LEGAL WAY OF EVICTING A TENANT TO THE LANDLORD. THE BEST WAY FOR A LANDLORD TO EVICT A TENANT IS TO BRING AN UNLAWFUL DETAINER ACTION IN COURT. IF THE LANDLORD WINS THE UNLAWFUL DETAINER ACTION, HE WILL BE ABLE TO OBTAIN AN EVICTION ORDER AND A JUDGMENT FOR THE UNPAID RENT. A POLICE OFFICER ALSO MAY FIND HIMSELF IN A SITUATION WHERE THE LANDLORD HAS NOT MET HIS LEGAL OBLIGATION TO KEEP THE PREMISES IN A CONDITION FIT FOR HUMAN OCCUPANCY. IN THESE INSTANCES, THE POLICE OFFICER SHOULD INFORM THE TENANT OF THE OPTIONS AVAILABLE TO HIM. IN GENERAL, THERE ARE FOUR ALTERNATIVES OPEN TO THE TENANT: (1) THE TENANT MAY REPORT THE VIOLATION TO THE HOUSING AUTHORITIES; (2) THE TENANT MAY BE ABLE TO REPAIR THE DEFECT HIMSELF AND DEDUCT THE COSTS FROM HIS RENT; (3) THE TENANT MAY MOVE OUT OF THE DWELLING IN AN ACTION KNOWN AS CONSTRUCTIVE EVICTION; AND (4) IN SOME INSTANCES, THE TENANT MAY WITHHOLD RENT UNTIL THE SITUATION IS REMEDIED. (MLC)