MBE Rules · Real Property
Self-Help Eviction
Self-help eviction ban
The rule
Most states bar landlord self-help (lockouts, utility shutoffs); the landlord must use summary eviction proceedings, and self-help exposes the landlord to tort and statutory damages.
In plain English
Self-help eviction refers to a landlord's attempt to remove a tenant without going through the legal eviction process. Most states prohibit this practice, requiring landlords to use formal eviction proceedings instead, as self-help can lead to legal consequences for the landlord, including potential damages.
Worked example
A landlord decides to change the locks on a tenant's apartment after the tenant fails to pay rent. The tenant returns to find they cannot enter and sues the landlord for illegal eviction. The court rules in favor of the tenant, awarding damages for the landlord's unlawful self-help eviction.
Memory hook
No self-help, just legal help!
The trap
Exams may present scenarios where a landlord uses self-help and then tries to justify it based on tenant behavior, leading students to overlook the prohibition against self-help. Students might confuse permissible actions with self-help tactics.
How examiners test it
This rule often appears in questions about landlord-tenant disputes, where students must identify the legality of the landlord's actions and the potential consequences of self-help eviction.
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