Evictions in the winter may be difficult. Learn more about your landlord rights and responsibilities here.
What you will discover:
Is evicting renters throughout the winter or during cold periods legal?
Do tenants have any additional rights to avoid eviction during the winter?
Can I turn off electricity in the winter if my renter owes back rent or utility payments?
Is it possible for the county sheriff to refuse to execute an eviction due to severe cold or other weather conditions?
How can I ensure that a winter eviction is done lawfully and ethically?
Most landlords would go to any length to avoid evicting renters, particularly during the coldest months of the year. Landlording entails more than simply delivering a service. It is also a company. When renters frequently breach the conditions of their lease or simply stop paying rent, landlords are sometimes forced to take legal action. Here are some frequently asked questions concerning evicting renters throughout the winter.
Is evicting renters throughout the winter or during cold periods legal?
Yes. You may evict renters at any moment as long as you follow the applicable state or municipal eviction rules. However, there may be certain limitations when it comes to physically removing a renter from an apartment during harsh weather.
The eviction procedure differs depending on the state and city. In general, you must serve an Eviction Notice on your renter and then seek an eviction order from the relevant court. If the renter does not leave on their own, the local sheriff’s department may execute the order and remove them from the premises. Landlords are typically prohibited by state and municipal regulations from forcibly removing tenants from their property without the help of police authorities and a court order
Do tenants have any additional rights to avoid eviction during the winter?
Tenants do not have any specific legal rights to avoid evictions during the winter. However, during cold spells, certain jurisdictions may refuse to implement a lawful eviction order until the temperature increases.
Local law enforcement will often refuse to forcibly remove occupants from their apartments during periods of severe cold or other harsh weather. Furthermore, even if a court issues an eviction order, landlords may face legal implications for cutting off utilities during severe cold.
Can I turn off electricity in the winter if my renter owes back rent or utility payments?
Turning off utilities is almost never a wise idea. Even if renters are consistently late on their rent, and particularly if temperatures are below freezing, turning off utilities may result in serious legal penalties. Except for Florida and Hawaii, every state has some kind of rule or regulation that limits landlords’ and utility companies’ authority to cut off utilities, although these regulations vary greatly.
Temperature-Related Prohibitions
Some states prohibit electricity disconnection when the temperature falls below or climbs beyond a specific threshold. In Arkansas, for example, it is illegal to turn off power and natural gas if the temperature is expected to fall below 32 degrees Fahrenheit in the following 24 hours. Delaware has the same rule, as well as a prohibition on disconnecting when the temperature exceeds 105 degrees Fahrenheit. Some jurisdictions, like Alabama, broaden these limitations to include life-threatening conditions and severe weather.
Protected Individuals
Other governments restrict such restrictions to especially disadvantaged people or those earning less than a specified income level. Natural gas and electricity disconnections for renters on public assistance are prohibited in Indiana between December 1 and March 15. Between November and April, New Hampshire needs formal authorization from the state to cut off utilities for older persons. Disconnection of utilities for a chronically or severely sick renter who possesses a medical professional’s certification is prohibited in New Mexico.
Payment Schemes
Before turning off renters’ utilities, several jurisdictions compel landlords or utility providers to offer payment arrangements. These states may also make it illegal to do so throughout the payment plan. Tennessee and Texas are among them.
it possible for the county sheriff to refuse to execute an eviction due to severe cold or other weather conditions?
Some cities and counties, including Washington, D.C., New York City, and Cook County, have regulations prohibiting law enforcement from forcibly evicting renters under specific situations. Furthermore, it frequently takes one to two weeks between requesting execution of an eviction order and the sheriff actually carrying it out. Even if there is no written policy to postpone evictions due to cold weather, law enforcement may do so at their discretion.
When the temperature falls below 15 degrees Fahrenheit, the Cook County sheriff will not execute an eviction order. Similarly, the United States Marshals Service in Washington, D.C. will not do so if the temperature is predicted to fall below 32 degrees in the following 24 hours.
It is important to note that when law enforcement declines to implement an eviction order due to inclement weather, it is only temporary. The eviction order will remain valid and may be implemented as soon as the weather permits.
How can I ensure that a winter eviction is done lawfully and ethically?
As a landlord, you must normally provide a delinquent tenant an opportunity to resolve lease breaches before beginning the eviction process. The most prevalent reason for eviction is late or missing rent payments. If your renter is late on rent, try sending a Late Rent Notice and negotiating a Rent Payment Plan to reclaim the lost funds. Allowing renters more time to pay rent may have the extra advantage of delaying eviction until the warmer months.
If the renter continues to fail to pay rent or otherwise violates the agreement, you might consider presenting them with a formal Eviction Notice. The duration between delivering an eviction notice and starting eviction proceedings varies depending on your location and cause. Most establishments demand at least three days’ notice, if not more. If the weather is exceptionally cold, you may want to offer your renter more time than is legally necessary to locate another somewhere to reside.
After serving the eviction notice on the renter and waiting the required amount of time, you file an eviction case in the relevant court. Many states and towns have dedicated courts to handle landlord-tenant disputes. After filing your case, you must serve the tenant with notice of the filing. Serving the tenant entails either you or a professional process server delivering a copy of the lawsuit to the renter. The court will next hear your tenant’s response and consider the facts given by both parties. It may set a date for you and the renter to submit your case in court.
If the court rules in your favor, it will issue a writ of possession, which you may have executed by the local sheriff. Most sheriffs will offer the renter a specific day and time to evacuate your property. After then, the sheriff will arrive and physically remove or lock them out of your property. Consider your options carefully before opting to lock the renter out or evict the tenant yourself. This is regarded as a constructive eviction in many areas, and it is unlawful.
