Locked Out By The Landlord
RPAPL § 768 — changing the locks, removing belongings or cutting essential services is unlawful eviction, a class A misdemeanor
An occupant who has lawfully lived in a home for thirty consecutive days or longer, or who has a lease, may be removed only under a warrant of eviction, another court order or a government vacate order. Without one, each of these is an unlawful eviction or attempt:
- Using force, or threatening it, to make the occupant leave.
- Interrupting or cutting off essential services, or other conduct meant to disturb the occupant's comfort, peace or quiet.
- Removing the occupant's belongings, or the entrance door.
- Plugging or disabling the lock, or changing it without giving the occupant a key.
Up to $10,000 a violation. Intentionally violating the section, or helping someone do it, is a class A misdemeanor, each violation a separate offense, and also carries a civil penalty of not less than one thousand nor more than ten thousand dollars for each violation. An owner who, once asked, fails to take all reasonable steps to restore the occupant owes up to one hundred dollars a day more, for no more than six months.
A person put out of real property in a forcible or unlawful manner, or kept out afterwards by force, by fear of violence or by unlawful means, can recover treble damages in an action against the wrongdoer.
Sources for this section (2)
- RPAPL § 768 — Unlawful eviction
- RPAPL § 853 — Action for forcible or unlawful entry or detainer; treble damages
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.