Landlord Changed the Locks? In New York That's a Crime, Not an Eviction

Start with the emergency, because the law does: if you are locked out right now, call 911 and 311 and go to housing court today for an illegal lockout proceeding. Courts restore possession in these cases, and nothing in this guide should slow that trip down. What this guide covers is everything else, the part most tenants never collect on. In New York, a landlord cannot remove you by changing the locks, cutting your heat or electricity, tossing your belongings, or making the apartment unlivable on purpose. If you have occupied the home for thirty days or more, lease or no lease, you can only be removed by court order, and under RPAPL § 768 evicting or attempting to evict you by any other means is a class A misdemeanor. That word, attempting, matters: the shutoff and the tossed belongings are violations even if you got back in. The civil side has real numbers attached. Under RPAPL § 853, a person put out of real property by force or unlawful means may recover treble damages, three times the loss, in a civil action against the wrongdoer. Days of lost use of the apartment, property that vanished, hotel nights: tripled exposure concentrates a landlord's attention. Two practical points decide these cases. First, evidence of occupancy: mail at the address, keys, belongings, neighbors who know you. Not being on the lease is not a defense for the landlord; thirty days of occupancy is the trigger. Second, speed: landlords caught doing this almost always claim abandonment, and abandonment requires intent. A prompt written demand, sent certified within days of the lockout, is itself evidence you never abandoned anything, which is exactly why the demand should go out while the locks are still new.