Eviction Guide: Can My Landlord Just Kick Me Out?
Understanding the PIE Act, illegal lockouts, and the correct legal procedure a landlord must follow to evict you.
Illegal Evictions
It is a criminal offense for a landlord to evict you without a court order. They cannot:
- Change the locks (spoliation).
- Cut off electricity or water.
- Throw your furniture out.
If this happens, you can apply for a Spoliation Order at court to get immediate access back into the property.
The PIE Act Procedure
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) sets out the rules:
1. Cancellation of Lease
The landlord must first legally cancel your lease (usually due to breach, like not paying rent) and give you a chance to rectify it.
2. Notice of Motion
If you stay, the landlord applies to court. You will receive a notice telling you when the court hearing is.
3. The Hearing
The court listens to both sides. They consider if the eviction is "just and equitable," looking at elderly people, children, or disabled persons in the household.
4. Eviction Order
If the court grants the order, it will give you a date by which you must vacate. Only the Sheriff can physically remove you if you refuse to leave by that date.