Emily is a landlord with a tenant, Mark, who has a one-year lease agreement. Mark has failed to pay rent for three consecutive months and has not responded to Emily's notices. Emily decides to reclaim possession of her property. What is the most appropriate action Emily should take to legally retake possession?
Send a final notice demanding vacate within a specified timeframe and retake possession if he does not comply.
Deduct the unpaid rent from Mark's security deposit and retake possession informally.
File an eviction lawsuit through the court to obtain legal possession of the property.
Change the locks and remove Mark's belongings from the property following legal procedures.
Filing an eviction lawsuit through the court is the proper legal process for a landlord to retake possession when a tenant fails to pay rent. Changing locks or removing belongings without a court order violates legal procedures and can result in legal consequences.
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What is an eviction lawsuit?
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Why can’t a landlord change locks or remove tenant belongings without a court order?
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What happens if a landlord skips the eviction process and takes possession illegally?
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Multistate Bar Examination
Real Property
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