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If out of nowhere, your landlord changed your entrance door lock without notifying you and providing you with the new set of keys, you have been illegally locked out. It doesn't matter whether they kept your belongings in the apartment, loaded them in a storage facility or threw them outside in the streets. A landlord simply cannot evict a tenant without going through the judicial system. Only a Marshall or Sheriff, after receipt of an eviction order signed by a housing court judge, is legally permitted to physically put tenants and their belongings out of their residence.
I am going to say it again, your landlord cannot throw you out of your home! Let me be a bit more detailed:
If you signed a lease, your landlord simply cannot throw you out (even if your lease expired).
If you have never signed a lease, but you have lived in the premises for at least 30 days, the landlord cannot throw you out.
No matter what the landlord says, screams or threatens you with, they simply cannot. There are rules to follow and owners of lands are no exception to that. So if your landlord illegally locks you out, you are able, allowed to, and should absolutely sue them.
Continue reading to understand the steps you can take to sue your landlord for illegally locking you out:
Call the Police
If you are unable to enter your apartment, you should start by immediately calling the police, so you can have an official record of the incident. There have been instances where the police were able to restore the tenant in their home, by mediating and talking things out with the landlord. However, in the majority of the cases, a call to the police doesn’t resolve a case of illegal lockout, so don’t expect a resolution at this stage. Call the police to keep a record, call the police to later show the judge that you have evidence of what you attest, of the date and time and the conditions surrounding the landlord’s wrongdoings.
Record the Loss & Damages
If your belongings were thrown away somewhere, collect them, and make a list of all items missing or damaged along with their monetary value. You will later ask the judge to order the landlord to pay for these missing items. Once this is done, you should place some calls to try to secure a place to stay for at least a few days.
Start the Illegal Lockout Proceeding
As soon as technically possible, you should make your way to Housing Court to start your case against the landlord. Housing courts are generally open from 9:00 am to 5:00 pm. Tell the clerk that you are filing an order to show cause against your landlord. You can use the following specific legal terms “ “I am seeking emergency relief to be restored to possession of my home”. Make sure to follow the clerk’s directives on how and when to serve the landlord. It could be in person, via certified mail etc…When the service is complete, you will have to provide proof of service to the clerk, to show the court that you properly served the landlord. When all this mandatory filing and paperwork is done, you will be scheduled for a conference.
Call 311
In the event your landlord also shuts off your utility, you should call 311 and ask to be transferred to the Department of Housing Preservation and Development (Commonly known as HPD). Tell the representative that your landlord locked you out and shut off the utility. HPD should schedule a date to inspect and issue violations when applicable.
Collect Evidence
At the court appearance, show the judge that you are well prepared. Bring proof that you properly served the landlord. Bring the list of missing items, as well as several proofs of residency, and any HPD violation reports, when applicable. Indeed, in an illegal lockout case, you are asking the judge to restore you in your home, so you have to provide proof that you are an actual tenant of the premises or that you have lived in the residence for at least 30 consecutive days. Examples of documents that you can bring are a copy of your lease, a copy of utility bills with your name and address, other mails, screenshots of emails or texts conversations with the landlord, paystubs or employment verification letter or school certificate showing the address of residence, etc…
Argue Your Case
When you explain the situation to the judge, be clear, concise, polite and collected. Your landlord may be attending the conference. You may hear them or their attorney attempting to belittle you by telling the judge incorrect facts. It will most likely be infuriating to hear, but please, try to the extent possible, not to get agitated over all the lies that you hear. Do not interrupt. If you are not asked a question, ask the judge for permission to talk before doing so. Address the judge as “judge” or “your honor”. The judge will appreciate your willingness and effort to be respectful and calm, despite the terribly difficult circumstances you are currently facing.
In an illegal lockout proceedings, your main arguments will most likely be that (1) you are legally residing on the premises (you either signed a lease or you have been living in the premises for at least 30 days), and (2) your landlord illegally locked you out, changed the lock, and you are not able to get in by the main entrance door. Ask the judge to order the landlord to restore you in your residence, and to pay for any missing or damaged items.
Retaliation by way of revenge is a real thing. If your landlord loses this illegal lockout case, they may try to “legally lock you out” by commencing an eviction proceeding in housing court. If so, you should check out the other articles of this series too.
I hope it helps, don’t give up on yourself. You have rights, claim them!
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