What happens when a landlord locks a tenant out

It's literally the dumbest thing a landlord can do.

Jay Browne: Brooklyn's Most Brooklyn Attorney

10/7/20257 min read

Above, from left to right: Dumb, and a Landlord who just locked his Tenant out.

Landlords: Read everything
Tenants: Skip to 3 unless you want some laughs

I was drinking a Smoky Sunset at Hide-and-Seek on Manhattan Ave. Maybe it's because I had just caught the majestic sherbet-orange, hazy sunset over the Gowanus that happens when the Air Quality Index hits 100. As I finish ordering their delicious plant-based burger my ears hear a waft of the conversation at the bar stools next to me.

"I'm just gonna do it, Larry*," says Moe*, "Shemp's* two months behind, that's got to be good enough for an eviction! I'm changing the locks on Friday when he goes on his weekly Doughnut Factory run."

His friend, Larry, who I gathered was the tenant on Moe’s first floor, shook his head. "Moe, that's a dick move."

Moe moans, "Do you want to live underneath Prospect Park's most incompetent drug dealer?"

Larry whines, “Dude, I don’t want to live underneath an apartment that smells like Shrek’s Swamp, but it isn’t going to win you any friends.”

I inhale for my monologue. I can't help it; It's a professional hazard. I lean over and said, "Moe, Larry is right. That's not just a bad idea; it's the dumbest fucking idea I've heard this summer and I spend a lot of time on Reddit. No offense."

I immediately recognize the "who the hell are you face" he's making because I see it a lot. While I respect legal boundaries, I don't care about conversational ones.

I go "By the way, I'm your future housing lawyer, Jay. The first consult is free but after that it'll cost you." I paused to let them realize my clever allusion to Shemp's drug dealing, "Look, Shemp is a headache now, but if you lock him out he'll be a migraine."

I usually take clients based on ethical grounds, but I was helping out Moe because Larry deserved to bring dates home without it smelling like a July trash day

1. Why it's the dumbest idea I’ve heard all day

Here’s the first thing you have to understand about housing laws in New York City: the moment a tenant (or any lawful occupant) lawfully occupies an apartment for 30 consecutive days, they are shielded by a legal forcefield. (1) It doesn’t matter if their lease expired, or it was just a verbal agreement. They are a "lawful occupant," and the law is fiercely protective of their right to stay in their home until a judge says otherwise. (2)

The only legal way for a landlord to evict a tenant in this city is by getting a "warrant of eviction" from a Housing Court Judge and have that warrant executed by a City Marshal or Sheriff. Full stop. (4)

Any attempt to bypass that system including changing the locks, shutting off the heat, removing their stuff from the apartment, or engaging in a pattern of harassment and threats intended to make them leave is called a 'self-help' eviction. It's not just physical acts, either. The law also prohibits any "course of conduct" intended to disturb the tenant's peace and quiet to make them leave. (5) This can include a pattern of threats, constant late-night calls, or other forms of harassment designed to drive a tenant out.7 Normal people call that an illegal lockout, but judges call it a crime.

2. The real cost of hiring a locksmith

"Okay, so it's illegal," Moe grumbled. "What are they gonna do, fine me $50?"

Oh, it’s so much worse than a fine. Landlords taking the law into their own hands transforms them from creditor to criminal. The consequences are deliberately severe to make sure people like Moe stick to the legal process.

Criminal Charges: An illegal lockout isn't a violation like a parking ticket. It's a Class A Misdemeanor under state law. (5) And it’s not just the landlord that could get arrested, because under RPAPL § 768, criminal liability extends to any person who "assists in the violation," so that superintendent or friend or grandma that helps them is facing the same Class A Misdemeanor charge. (5) A conviction carries a sentence of up to one year in jail and leaves the landlord with a permanent criminal record. (9)

Massive Civil Fines: For every distinct violation, the landlord faces a civil penalty of $1,000 to $10,000.1 The law "stacks" these violations. (9) So, changing the lock is one violation, shutting off the heat is a second. Removing their Nintendocore and Kawaii Metal vinyl collections is a third. That's potentially $30,000 in fines right there. On top of that, a court can add a penalty of up to $100 per day until the landlord lets the tenant back in. (5)

After the tenant is back in his apartment, they can then file a second, separate lawsuit against the landlord for money. (12) This is the part that hits landlords the hardest. Under a law called RPAPL § 853, tenants can file a separate lawsuit against landlords in Civil or Supreme Court for the illegal lockout. In that suit, the judge has the discretion to award treble damages, that's three times the tenant’s proven financial losses. That could be hotel bills, the cost of damaged property, lost wages, and more, all multiplied by three. So, on top of losing a bunch of money the landlord went to court twice without beginning eviction proceedings.

I let that sink in. "So, that cheap shortcut with the locksmith?" I said to Moe. "It could easily cost you more than a year's rent and land you in a cell on Rikers."

3. TENANTS: HOW TO GET BACK IN TO YOUR PLACE

When a tenant realizes they’ve been locked out the first step is to
A. call 911
B. tell the police that the landlord committed a Class A Misdemeanor under RPAPL Section 768 and show them proof of residency, like mail or an ID. Officially, the NYPD's role is to protect the rights of a person who has been unlawfully evicted and restore them to their home. However, the on-the-ground police response can be inconsistent. Reports show that officers sometimes treat it as a 'civil matter,' and arrests are uncommon.
C. The tenant's next step is to go to Brooklyn Housing Court and file an emergency 'Order to Show Cause' to be restored to possession. (11) This legal action is specifically designed for emergency situations like lockouts, and a judge will hear the case very quickly, often within one or two days. A Housing Court judge, who is an expert in this law, will almost certainly issue an order forcing the landlord to provide a new key.

4. What actual legal evictions look like:

You serve the proper legal notice; (a 14-day rent demand, for instance). (17)
If they don’t pay, you file an eviction case in Housing Court. (19)
You present your evidence to a judge.
If you win your case, get your warrant, and let the Marshal do the one job that the law gives them to do. (20)

Tenants: If you aren’t served the document by a processor then it’s not a real eviction, it’s just the landlord trying to trick you into leaving.

Landlords: it’s a grind, I get it. But it’s set up this way to protect tenants against evil landlords. Not you, of course, you’re one of the good ones.

I finished my burger. Moe was pale, staring into his Hazy IPA. Larry just nodded with the face of a man who may have won an argument but also might not get laid for another 6 months because the apartment upstairs smells like a turd covered in burnt hair.

I slipped my card to Moe and bought a round of drinks. If you’re a tenant or landlord confused by an eviction situation and need a free consult, reach out to me at 347.669.3256 or email me at contact@attorneyjaybrowne.com but I probably won’t buy you drinks.

*the names have been changed because I think they're funnier names.