Also known as: self help privilege · self-help privileges · self-help · self-help remedy
Written by attorneys · grounded in primary & secondary sources — see below
A limited right of a landlord or incoming tenant to recover possession of leased property from a holdover tenant without judicial process. The right exists only when controlling law expressly preserves it and is exercised within a reasonable time after lease termination without physical harm or property damage. Any agreement expanding the right beyond these bounds is void as against public policy.
After the lease ended, tenant Sydney Santos remained in the apartment. Landlord Stonehaven Properties learned that state law provided an expedited eviction proceeding. Stonehaven Properties therefore filed the action rather than changing the locks itself. The court later awarded possession because the availability of the speedy remedy eliminated any self-help option.
After the lease ended, tenant Taylor Ruiz remained in the commercial space. Landlord Harbor Properties considered changing the locks but calculated that monetary damages would adequately compensate. Harbor Properties therefore pursued a damages action rather than self-help measures.
Select any source to read its text and confirm it supports the definition.
The lease between Sasha Stone and Solstice Ventures contained a clause permitting the landlord to reenter by force upon default. State law provided no preservation of self-help rights. When Solstice Ventures attempted to change the locks, the court refused to enforce the clause because any such agreement is void as against public policy.
After termination, tenant Selena Singh remained in the retail space. Landlord Spectrum Financial waited two weeks then entered with a locksmith while Singh was absent and removed only its own fixtures. Because the entry occurred promptly, caused no physical harm, and avoided damage to Singh's property, the self-help recovery satisfied the governing requirements.
After the lease ended, tenant Morgan Ellis remained in the apartment. Landlord Apex Holdings considered changing the locks but instead filed for judicial possession to avoid any risk of property damage. The court evaluated whether the judicial remedy displaced self-help.
After the lease ended, tenant Jordan Hale remained in the office suite. Landlord Metro Properties considered self-help reentry but instead obtained a preliminary injunction. The court assessed the adequacy of judicial relief in light of the potential effects of self-help.
When controlling law supplies an expedited proceeding for recovering possession from a holdover tenant, the landlord may not resort to self-help unless the law expressly preserves that right. The presence of the judicial remedy therefore displaces any common-law self-help option.
Supporting sources
No. Any agreement permitting the landlord to use self-help is void as against public policy when the controlling law does not itself preserve the right. Courts will not enforce such a clause even if the parties agreed to it.
Supporting sources
Recovery must occur within a reasonable time after termination, must not cause physical harm or the reasonable expectation of harm to the tenant or permitted occupants, and must be accomplished with reasonable care to avoid damage to the tenant's property. Any attempt to waive these requirements by agreement is also void.
Supporting sources
When evaluating whether damages are an adequate alternative to injunctive relief, courts consider the effects of resort to self-help measures among other factors. The availability and consequences of self-help therefore influence whether a court will grant an injunction instead.
Supporting sources
…Indeed, the law of defamation is rooted in our experience that the truth rarely catches up with a lie. But the fact that the self-help remedy of rebuttal, standing alone, is inadequate to its task does not mean that it is irrelevant to our inquiry. [^maj-10]: Our caveat against strict liability is the prime target of MR. JUSTICE…