ConsumerWatch: Landlords, be wary of violating rights when evicting tenants
Changing the locks, removing the front door to your property, sending “heavies” around to collect outstanding rental or to intimidate tenants into moving, cutting electricity and water, or telling tenants to move temporarily because you want to do urgent maintenance/renovations work are some of the more common strategies employed by landlords to get rid of tenants. Most of the above are illegal - and will only land you in trouble as a landlord.
“To date, I have not received the court order that granted the landlord and/or Place de Tetre’s body corporate the right to disconnect electricity or any other services. My family has been subjected to inhumane living conditions since March15. “When we asked why this was being done, we were told they wanted to build a better wall in about a day, and the old one was unsafe,” Wentworth said.
“I know we owe money, but surely this must be wrong? Is there anything I can do, and what are my rights?” Resorting to creative methods to “smoke” out tenants is actually empowering them legally, because it gives tenants ammunition to delay an eviction.In terms of the Rental Housing Act , any person who unlawfully shuts off the utilities to a rental property is guilty of an offence and liable to a fine or imprisonment of up to two years, or to both fine and imprisonment.
Changing locks, cutting services or making a property inhabitable, as in Wentworth's case, amounts to constructive eviction, which is illegal in terms of the RHA.
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