Landlords: When evicting tenants, keep your cool and keep it legal

Q. I am a landlord in the process of evicting a tenant, and I can’t believe how unfair the laws are for landlords! It already has cost me lost rent, and I know this guy is going to trash the place before he goes. And then, if he leaves stuff behind (which he will, there’s all kinds of crap in the basement), I’m supposed to make an inventory and store it for him? Give me a break! He hasn’t paid rent for two months – in my book, that’s stealing. I should be able to change the locks and give him back his furniture and everything when he gives me my money. Don’t landlords have any rights?

A. Hear, hear! Many landlords and the attorneys who represent them will agree with you. Maine’s eviction laws guard tenants’ rights so well that landlords have a hard time running their business. The reasoning is that historically landlords had a lot of power over their tenants. In today’s society, however, the opposite is true: Tenants have enormous power over landlords. With nothing more than a pair of work boots and 15 minutes, a tenant can cause enough damage to a landlord’s property to wipe out a year or two of rent – not profit, rent.

Most often, though, they don’t, and your fears, though understandable, may be bigger than they need to be. He may not trash it as badly as you expect. Even lousy tenants usually refrain from doing the damage they might because of that quaint, abstract, powerful notion you recall from high school government class, “the social contract.”

Your typical bad tenant will stiff you, bother your other tenants and treat your property roughly, but he won’t kick the wallboard down. You will act as a law-abiding citizen, go through the legal eviction process, and you won’t threaten physical harm.

In your case, remember, you probably have more to lose than your tenant if you step outside the bounds. You are evidently quite aware of the law – sounds like you’ve read Chapter 14 of the Maine Attorney General’s Consumer Law Guide (available online at www.maine.gov/ag). Take it seriously. Do what it says.

Worse than the fines and penalties you will face if you don’t, will be giving this problem tenant the satisfaction of having done damage that you won’t be able to fix with hammer, nails, or a coat of paint.

And anyone who owns rental property would be wise to have an attorney on call so the pain-in-the-neck steps quickly and right the first time, which will most likely save money and massive aggravation in the long run.

This column is a service of the Lawyer Referral and Information Service of the Maine State Bar Association. Its contents are a general response to the question and do not constitute legal advice. Questions are welcome. Go to AAL@mainebar.org, describe your question and note you are a BDN reader. Written questions mailed to “Ask a Lawyer,” Bangor Daily News, P.O. Box 1329, Bangor 04402-1329.