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Locked out by your landlord in New York: illegal eviction and how to get back in

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

In New York, a landlord can't lock you out, remove your belongings, take off your door or shut off essential services to force you out. Only a court can order an eviction, carried out by a sheriff, marshal or constable. Under Real Property Actions and Proceedings Law § 768, this protects anyone with a lease and anyone who has lawfully lived in the home for 30 days or more. Call the police, ask the landlord in writing to let you back in, and go to court right away to be restored. The landlord can face criminal charges, civil penalties, and triple damages under § 853.

Read on for the details, the exceptions and the sources.

In plain words

Illegal lockout
Being shut out of your home by the landlord without a court order: new locks, a removed door, or your things put out.
Self-help eviction
When a landlord forces a tenant out without going through court. It's illegal in New York.
Essential services
Things like heat, hot water, water and electricity. Cutting them off to push you out counts as unlawful eviction.
Treble damages
Three times your actual losses, which a court can award when you were put out by force or unlawful means.

What the law says, briefly

Real Property Actions and Proceedings Law § 768(1)(a) makes it unlawful to evict, or try to evict, anyone who has a lease or has lawfully occupied the home for 30 consecutive days or longer, except under a court's warrant or order or a government vacate order. Prohibited methods include using or threatening force; a course of conduct meant to disturb your comfort or peace so you'll leave, including cutting off essential services; and anything that keeps you out, such as removing your possessions or your door, or plugging, disabling or changing the lock without giving you a key.

If you were put out this way, the owner must take all reasonable and necessary steps to restore you once you or someone on your behalf asks (§ 768(1)(b)). Breaking the law is a class A misdemeanor and brings a civil penalty of $1,000 to $10,000 per violation, plus up to $100 a day, for up to six months, for failing to restore you (§ 768(2)). Separately, a person put out by force or unlawful means can sue for three times their damages (§ 853), and the law allows a court proceeding to recover possession from someone who took it by force or unlawful means (§ 713(10)). New York City has its own unlawful eviction law as well (NYC Administrative Code § 26-521).

What to check in your lease, contract or papers

  • Whether you have a lease, or have lived there at least 30 days in a row. Either one brings you under § 768; according to HPD, this includes roommates, subtenants and relatives who aren't on the lease.
  • Whether there was ever a court case, judgment or warrant against you. A lawful eviction requires one, plus an officer's 14-day written notice (RPAPL § 749(2)).
  • Whether a city agency issued a vacate order for the building, which is a different situation; contact the agency that issued it.
  • Papers that prove you live there: lease, rent receipts, utility bills, mail, ID with the address.

What to document

  • Photos or video of the changed lock, removed door or belongings put outside, with the date and time.
  • Names of anyone who took part, and any witnesses.
  • Your written request to be let back in, and how you sent it.
  • The police report or incident number.
  • Everything you lost or had to pay for: hotel, food, damaged or missing belongings.

What to do, step by step

  1. Stay safe

    If anyone threatens you or uses force, call 911.

  2. Report it to the police

    HPD advises that you can go to the nearest police station and report that you've been illegally locked out. Bring proof that you live there.

  3. Ask the landlord, in writing, to let you back in

    A text or e-mail is fine. Once you've asked, the owner must take reasonable steps to restore you, and the daily penalty can run from that date (§ 768(1)(b), (2)(b)).

  4. Go to court right away

    In New York City, go to Housing Court and ask the clerk about starting an illegal lockout case; you don't need a lawyer to start it. Outside NYC, go to the local court for the area where the home is.

  5. Get free legal help

    In NYC, tenants locked out without a court order or warrant can get free legal help: call Housing Court Answers or 311 and ask for the Tenant Helpline. Elsewhere, contact legal aid.

What not to do

  • Don't use force to get back in. Let the police and the court handle it.
  • Don't sign anything giving up the apartment or your belongings in exchange for being let in.
  • Don't wait: the longer you're out, the harder it is to prove you lived there and to recover your things.
  • Don't leave all your documents inside. HPD suggests keeping copies of proof of residence with a friend or relative if you fear a lockout.

When to send a demand letter

Immediately, the same day if you can. Ask to be restored to the apartment and to get a key, and to have your belongings returned. Cite RPAPL § 768. This written request also triggers the owner's duty to restore you and the daily penalty for failing to do so.

When to go to court

Right away, to be restored to possession. Later, you can also sue for your losses: under RPAPL § 853, a person put out by force or unlawful means can recover three times their damages. If you're still renting, keep paying rent once you're back in so you don't give the landlord a lawful ground to sue.

What evidence to keep

  • Lease, rent receipts and bank records
  • Utility bills, mail and ID showing the address
  • Photos and video of the lockout
  • Police report number
  • Your written request to be let back in
  • Receipts for hotel, meals and replaced belongings

Figures that change

  • Civil penalty for unlawful eviction: $1,000–$10,000 per violation (as of 2026-10-30; N.Y. Real Property Actions and Proceedings Law)
  • Added penalty for failing to restore the occupant: Up to $100 per day, for up to 6 months (as of 2026-10-30; N.Y. Real Property Actions and Proceedings Law)

Frequently asked questions

My landlord says I owe rent, so they can change the locks. Is that true?

No. Even if you owe rent, the landlord must go to court, win a judgment, and have a sheriff, marshal or constable carry out the warrant after a 14-day notice (RPAPL § 749). Changing the locks without a court order is unlawful under § 768.

I'm not on the lease. Am I protected?

Yes, if you've lawfully lived there for 30 consecutive days or more (§ 768(1)(a)). HPD lists roommates, subtenants and relatives who have lived in the apartment at least 30 days, even if they don't pay the landlord directly.

The landlord shut off my heat and water to make me leave. Is that a lockout?

It can be unlawful eviction. Section 768 covers conduct meant to make you leave, including interrupting or discontinuing essential services. In NYC, also report it to 311.

Can I change my own locks?

HPD notes that if you change your locks in NYC, the law requires you to give the landlord a copy of the key.

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.