Final answer:
The landlord can file an affidavit for possession or eviction when a tenant has not paid rent. A written notice with just cause needs to be provided for termination of the lease. Modern legal procedures require a court order to lawfully handle eviction and tenant's belongings.
Step-by-step explanation:
If a landlord has a tenant who has not paid rent and is removing personal belongings from the property, the landlord can file an Affidavit for possession of the property, or for an order such as an eviction, which will lead to the termination of the lease and restoration of the property to the landlord. According to many lease agreements, the landlord is required to give a 30-day written notice of intention to terminate the tenancy, where laws require "just cause" for eviction, which must be stated in the notice. When a resident fails to vacate the premises after the expiration or termination of their lease, they may be liable for additional rent and damages; these can include losses incurred from the inability to rent to new tenants.
Moreover, if possession of the residence is not able to be delivered on the agreed date, due to the residence's unavailability or prior residents not vacating, either the landlord or the tenant may cancel the agreement with written notice, based on the terms stipulated in the lease. In historical context, as noted in the quote referring to tenants and their possessions, there's an implication that tenants' belongings could be used to pay for their debts including unpaid rent. However, modern legal procedures must be followed, which typically include obtaining a court order to evict a tenant and handle their belongings lawfully.
In cases such as the narrative about Bartleby, a landlord took direct action by involving the police to remove a tenant deemed a vagrant. While in extreme circumstances such forceful action might be considered, it is essential for landlords to follow the legal process to avoid violation of the tenant's rights, which could result in legal and financial repercussions against the landlord.