Winter is fast approaching. Many parts of the United States are covered with snow. Landlords will still have to deal with tenants who are less desirable, despite the winter weather.
It may be necessary to issue an eviction order if your tenant isn’t paying rent or violating the lease. How are landlord and tenant rights impacted by a cold winter climate?
Is it illegal to evict people from their homes during winter?
You should evict your tenant as soon as you can and prepare the property for rent. If you are unable to generate income from your property for one month, or if you have to pay damages caused by the previous tenants, it can affect your investment.
You may wonder if you will have any rights affected if this period coincides with the winter cold. Are winter evictions legal? No. That’s the short answer.
You can evict tenants legally at any time during the year, as long as you adhere to the legal process.
The first national data regarding evictions showed that approximately 2.3 million Americans were evicted within a year. This is equivalent to 6,300 people per day. The evictions happen every single day, no matter what the weather is outside.
In some countries like France, evictions are prohibited in extreme cold temperatures. But this is not true in America. Illinois and Maryland are two states that postpone their evictions during cold weather and holidays. But these are exceptions.
What would make an eviction illegal?
Although the weather and temperature outside might not prevent an eviction from happening, there are some red flags which could make an eviction illegal.
You should always consult local and state law and seek legal advice before evicting any tenant. Eviction policies have detailed guidelines that include formal notices, termination policies and more.
The following actions (no mater the season) would be considered an illegal eviction:
- Change the lock on your property
- Threatening the tenant or harassing him
- Turning off utilities to drive a tenant away
- Hire a moving company to take away all the tenant’s belongings
- Renters are evicted for discrimination or retaliation.
- Evicting tenants who have stopped paying their rent due to the uninhabitable property
What rights do renters have during the winter?
Landlords are required to respect the basic rights of tenants. Landlords cannot ignore the law if eviction proceedings are underway. Even if you’ve sent the proper notices and have filed an eviction case, you must still follow your lease terms until the court tells you otherwise.
The lease contract may specify that water, electricity, or gas will be provided.
Keep good records on your tenants no matter the season, and make sure you have proper documentation, particularly if they are breaking lease conditions or missing rental payments. Track all unpaid charges, missed rent payments and other lease violations. Document any discussions you may have had with the tenant about unacceptable behavior.
You have the right to evict tenants when weather conditions are less than ideal. You are also responsible for paying your monthly mortgage payments, taxes and any other necessary bills. You should always follow the laws of your state and locality when evicting tenants.