Illegal lockouts in NYC: what to do if you're locked out
In NYC only a marshal or sheriff with a court warrant can evict you. Locked out? Call 911, gather proof of residence, and file a lockout case in Housing Court.
8 min read · Updated
If your landlord changed the locks, removed your door, or threw out your things without a court order, that is an illegal lockout, and you have the right to get back in. In New York, anyone who has lived in a home for 30 consecutive days or more, or who has a lease, can only be evicted by a city marshal or sheriff carrying out a court warrant.
Your fastest tools are the police tonight and Housing Court tomorrow. This guide covers both, what proof to gather, and what the landlord can owe you.
At a glance
- Who is protected
- 30+ days or a lease
- RPAPL § 768; includes people not on the lease
- Who can remove you
- Marshal or sheriff
- Only under a court warrant or order; or a government vacate order
- Crime
- Class A misdemeanor
- Each violation is a separate offense
- Civil penalty
- $1,000–$10,000
- Per violation, plus up to $100/day for not restoring you
- Damages you can sue for
- Triple damages
- RPAPL § 853
What counts as an illegal lockout
State law (RPAPL § 768) makes it unlawful to evict or try to evict an occupant who has lawfully lived in a unit for 30 consecutive days or longer, or who has a lease, except under a warrant of eviction or other court order, or a government vacate order. The banned methods include:
- using or threatening force to make you leave;
- conduct meant to disturb your comfort or peace, such as cutting off essential services;
- removing your belongings from the apartment;
- removing the entrance door, or disabling or changing the lock without giving you a key; and
- threatening to do any of these.
The City Council describes only three lawful ways a lawful occupant leaves: an eviction by a marshal, a government vacate order, or moving out voluntarily. The 30-day rule protects roommates, partners, relatives and others who aren't on the lease too, and a lease protects you from day one.
Tonight: step by step
- 1
Stay safe and avoid a confrontation
Don’t try to force the door or fight with the landlord or a locksmith. Step away and make the calls below. - 2
Call 911 (or go to your local precinct)
Say: “I live here, I have not been evicted by a marshal, and my landlord changed the locks.” HPD’s harassment page tells locked-out tenants to contact the NYPD or report the owner to the local precinct. Get the officers’ names, badge numbers and any report or incident number. - 3
Show proof you live there
A lease, rent receipts, mail or bills at the address, ID with the address, bank statements, photos of you inside. Screenshots on your phone count. If you’ve lived there 30+ days without a lease, show how long. - 4
Document everything
Photograph the new lock, removed door, or your belongings on the curb. Save texts or notes from the landlord. Write down names of witnesses (neighbors, the super). - 5
Find somewhere to stay tonight
Friends or family if possible. If you have nowhere to go, call 311 and ask for emergency housing help. - 6
Go to Housing Court the next business day
If the police didn’t get you back in, start an illegal lockout case at the Housing Court in your borough (see below).
Not sure if it was legal? Check these
| What happened | Likely legal? | What to do |
|---|---|---|
| A city marshal or sheriff executed a warrant of eviction after a court case | Yes, a court-ordered eviction | Call a lawyer or Housing Court right away; you may be able to ask the court to stop or undo it. See the marshal’s notice guide. |
| The landlord or a locksmith changed the locks with no court case | No | Police, then a lockout case in Housing Court |
| The landlord says you “abandoned” the apartment while you were away | Not on their say-so; only a court can decide possession | Same as above; bring proof you still live there |
| Your belongings were removed or the door was taken off | No (RPAPL § 768; harassment under HMC) | Police report, photos, lockout case, damages claim |
| The building got a city vacate order (fire, collapse risk) | Yes, a government vacate order | Get help with temporary housing; see our fire and vacate order guide |
| You were a short-term guest (under 30 days, no lease) | Depends on the facts | Get legal advice; protection may be limited |
The Housing Court lockout case
State law lets someone put out of their home "by force or unlawful means" bring a fast summary proceeding to be restored to possession, and no advance notice to the landlord is required to start it (RPAPL § 713(10)). In NYC that case is filed in the Housing Court in your borough. What to expect:
- Go in person, as early as possible. Tell the clerk you were illegally locked out and ask which papers to fill out. The paperwork asks who locked you out, when and how. Ask about any filing fee and whether you can get it waived if you can't afford it.
- Bring your proof: lease or proof of 30+ days' residence, the police report or incident number, photos and messages.
- Serve the papers the way the judge directs, then come back on the return date. Judges can order the landlord to give you a key and let you back in.
- Free help: HPD lists the Legal Aid Society (212-577-3300) and Legal Services NYC (917-661-4500). You can also call 311 and ask for the Tenant Helpline.
What the landlord can owe you
| Consequence | Amount / effect | Law |
|---|---|---|
| Duty to restore you | Owner must take all reasonable and necessary steps to let you back in, or, at your request, provide a unit within the dwelling suitable for occupancy | RPAPL § 768(1)(b) |
| Criminal charge | Class A misdemeanor; each violation separate | RPAPL § 768(2) |
| Civil penalty | $1,000 to $10,000 per violation | RPAPL § 768(2) |
| Penalty for not restoring you | Up to $100 per day from your request, for up to six months | RPAPL § 768(2) |
| Damages lawsuit | Three times your actual damages | RPAPL § 853 |
| Harassment finding in Housing Court | Your actual damages or $1,000, plus attorney fees; separate civil penalty of $2,000–$10,000 per unit | HMC §§ 27-2004(a)(48)(f), 27-2115 |
A typical timeline
Hour 0
Locked out
Photograph the lock or door, call 911, gather proof of residence.Same night
Police response
Officers may tell the landlord to let you in. Get the report or incident number either way.Next business day
File in Housing Court
Tell the clerk you were illegally locked out and ask for the papers to start a proceeding to be restored to possession.Court date
Hearing
Serve the papers as the court directs and come back on the date given. The judge can order the landlord to let you back in.After
Damages and harassment claims
Pursue triple damages or a harassment (HP) claim, and report to 311 so HPD’s Anti-Harassment Unit knows.
Prevent it from happening again
- Keep a copy of your lease and a few months of rent receipts or bank records off-site or in the cloud.
- Put repair requests and rent payments in writing so your tenancy is easy to prove.
- Report threats, service shutoffs and repeated pressure to move as harassment. See tenant harassment in NYC.
- You can add your own extra lock under state law, but you must give the landlord a copy of the key if asked. See locks, keys and peepholes.
If a real eviction case is underway, read the NYC eviction process, marshal's notices and Right to Counsel. If a vacate order emptied your building, see displaced by a fire or vacate order. You can check a building's record on Roofy's building lookup.
Independent re-check 2026-10-12. RPAPL § 768 re-read on nysenate.gov: protection for anyone who lawfully occupied 30+ consecutive days or has a lease, exceptions for a warrant/court order or governmental vacate order, duty to restore or provide a unit within the dwelling suitable for occupancy. Fixed: restore-duty wording, KeyFacts note on who may remove an occupant, the Council undercount caveat (Council attributes it to the unlawful nature of these evictions, not to tenants not going to court), and an unsupported claim that many lockout cases settle. NY Courts lockout pages still return 403, so court procedure stays general. Protected occupants (30 consecutive days or a lease), prohibited acts, duty to restore, class A misdemeanor, $1,000–$10,000 civil penalty and $100/day up to six months for failure to restore read from RPAPL § 768 on nysenate.gov. Treble damages from RPAPL § 853; forcible-entry summary proceeding with no notice to quit from RPAPL § 713(10). Lock change without key and § 26-521 conduct as harassment, and HP harassment remedies ($1,000 or actual damages plus attorney fees) from the nyc.gov HMC PDF dated April 17, 2026. NYPD referral from HPD harassment page. 1,814 lockout cases (Aug 2024–Aug 2025) and the three lawful ways to leave from the NYC Council data page, which notes the figure likely undercounts. NY Courts lockout pages could not be opened (blocked), so court-filing details are kept general.
Sources
- Real Property Actions and Proceedings Law § 768 (unlawful eviction) · New York State Senate (accessed October 12, 2026)
- Real Property Actions and Proceedings Law § 853 (treble damages for forcible entry) · New York State Senate (accessed October 12, 2026)
- Real Property Actions and Proceedings Law § 713 (grounds for summary proceedings, subd. 10) · New York State Senate (accessed October 12, 2026)
- NYC Housing Maintenance Code §§ 27-2004(a)(48), 27-2115(h), (o) · City of New York (accessed October 12, 2026)
- Tenant Harassment · NYC HPD (accessed October 12, 2026)
- Unlawful Evictions in NYC (data and legislation) · New York City Council (accessed October 12, 2026)
- Residential Tenants’ Rights Guide · New York State Attorney General (accessed October 12, 2026)
- ABCs of Housing: Tenants Guide · NYC HPD (accessed October 12, 2026)
General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.