If your landlord has changed your locks, removed your belongings, shut off your utilities, or blocked your access to your apartment without a court order, that is an illegal lockout — and it is a serious violation of New York law. You have immediate legal remedies, including the right to emergency court access, even in the middle of the night.
This guide explains what an illegal lockout is, what to do if it happens to you, and how to get back into your apartment fast.
What Is an Illegal Lockout?
Under New York Real Property Actions and Proceedings Law (RPAPL § 853) and NYC Administrative Code, a landlord cannot forcibly remove a tenant from their home without going through the legal eviction process. An illegal lockout — also called a self-help eviction — includes any of the following actions taken without a court order and a marshal’s warrant:
- Changing the locks on your apartment door
- Removing the door to your apartment
- Removing your personal belongings from the apartment
- Shutting off your electricity, gas, or water to force you to leave
- Physically blocking your entry to the apartment or building
- Padlocking or otherwise restricting access to your unit
None of these actions are legal — even if you owe back rent. Even if your lease has expired. Even if your landlord has won an eviction case in court. The only lawful way to remove a tenant from a NYC apartment is through a court-ordered warrant of eviction executed by a NYC marshal.
What to Do Right Now If You’ve Been Locked Out
Step 1: Call 311 or the Police
Call 311 and report an illegal lockout. You can also call the police (non-emergency: 311, or emergency: 911 if you believe there is an immediate danger). Police can respond and may order your landlord to restore your access on the spot. Officers are trained to recognize illegal lockouts as civil violations — they may not always assist in forcing entry, but having a police report documents the illegal act.
Step 2: File an Emergency Illegal Lockout Petition in Housing Court
NYC Housing Court has emergency procedures specifically for illegal lockouts, available 24 hours a day through the court’s emergency system. You do not have to wait for the courthouse to open.
During business hours, go directly to the Housing Court in your borough:
- Bronx: 1118 Grand Concourse
- Brooklyn: 141 Livingston Street
- Manhattan: 111 Centre Street
- Queens: 89-17 Sutphin Blvd, Jamaica
- Staten Island: 927 Castleton Avenue
Tell the clerk you need to file an emergency lockout petition under RPAPL Article 7. Staff will help you complete the paperwork. A judge can issue an order directing your landlord to restore your access — sometimes within hours.
After hours: Call the NYC Housing Court emergency number. Courts maintain an on-call judge system for after-hours emergencies. Call 311 and ask for Housing Court emergency contact information, or contact a legal aid emergency line.
Step 3: Contact Emergency Legal Aid
Several legal aid organizations provide emergency assistance for illegal lockouts:
- Legal Aid Society Hotline: (212) 577-3300
- Legal Services NYC: (917) 661-4500
- Housing Court Answers (phone advice): (212) 962-4795
- 311: Ask for emergency tenant assistance
- Tenant Helpline (Met Council on Housing): (212) 979-0611
Step 4: Document Everything
As you go through this process, document as much as possible:
- Photograph the changed lock, removed door, or blocked entrance
- Photograph or list any belongings that were removed or are inaccessible
- Note the date and time the lockout occurred
- Save any text messages, emails, or voicemails from your landlord
- Get names and badge numbers of any police officers who responded
- Note the names of any witnesses
What a Judge Can Order
In an illegal lockout case, a housing court judge has significant authority. They can order:
- Immediate restoration of access — your landlord must give you back the keys or unlock the apartment
- Return of your belongings — if your property was removed
- Restoration of utilities — if your landlord shut them off
- Damages — under RPAPL § 853, a tenant who is illegally removed may be entitled to treble (triple) damages for the value of lost property or use of the apartment
- Attorney’s fees — the court may order your landlord to pay your legal costs
What If Your Landlord Has Won a Court Case Against You?
Even after losing an eviction case in court, you cannot be removed from your apartment until:
- The court issues a warrant of eviction
- The warrant is given to a NYC marshal (not a landlord, not a building super, not a sheriff in most cases)
- The marshal gives you written notice of the execution date
- The marshal physically executes the warrant on that date
A landlord cannot execute the eviction themselves at any point in this process. If your landlord is attempting to lock you out even after a court judgment, it is still an illegal lockout — return to housing court immediately.
Illegal Lockout of Rent-Stabilized Tenants
For rent-stabilized tenants, an illegal lockout is also a violation of the Rent Stabilization Code. In addition to the RPAPL remedies above, you can file a complaint with DHCR. DHCR can impose civil penalties on the landlord and order restoration of your tenancy.
Frequently Asked Questions
My lease expired and my landlord changed the locks. Is this legal?
No. Lease expiration does not give your landlord the right to lock you out. Until a court issues a warrant of eviction and a marshal executes it, you have the right to remain in your apartment. Go to housing court immediately and file an emergency lockout petition.
I owe back rent. Can my landlord lock me out?
No. Owing rent does not give your landlord the right to lock you out. They must go to housing court, win a nonpayment case, obtain a warrant of eviction, and have a marshal execute it. A lockout in response to unpaid rent is still illegal and actionable.
My landlord removed the door to my apartment. What do I do?
This is an illegal lockout. Photograph the situation immediately and call 311 to report both the lockout and a potential housing code violation (exposed/missing entry door). File an emergency petition in housing court the same day. This type of action is treated as particularly serious by courts.
Can my landlord shut off my heat or electricity to force me to leave?
No. Deliberately shutting off utilities to force a tenant to vacate is illegal under NYC law. This is sometimes called “constructive eviction” when combined with other harassment. File complaints with both HPD (for the service interruption) and housing court (for the harassment and constructive eviction).
What if I’m afraid of my landlord?
Your safety comes first. If you feel unsafe, call 911. Once safe, contact a legal aid organization that can advocate on your behalf without requiring you to confront your landlord directly. Courts can issue orders of protection in housing cases when tenants are being harassed or threatened.
