Illegal Lockouts (2024)

All tenants have the legal right to remain in their home unless evicted by an NYC Marshal after going through the housing court process. Please help us spread the word today by:

  • Posting on social media
  • Downloading and distributing our flyers at your events

Background

It is illegal for someone to pressure or force you to leave your home.

  • You have the right to stay in your home unless you receive an Eviction Order signed by a Judge and delivered by a Marshal or Sheriff.
    • If you receive a notice or paperwork and are unsure if it is an Eviction Order, call 311 and ask for the Tenant Helpline to get more information.
  • Your landlord cannot evict you verbally or through letters or notices.
  • A notice to appear in court does not mean you have to leave your home.
  • You have the right to heat, hot water, and electricity. It is illegal for someone to shut off your utilities to try to get you to leave or as a punishment.

You are protected against a lockout

  • Lockouts are illegal, no matter your immigration status.
    • You are protected against a lockout if you have lived in the same place for at least 30 days, even if you did not sign a lease.
    • If you signed a lease, you are protected against a lockout as soon as you move in.
    • You cannot be locked out or "discharged," even if you signed papers saying you are in a private treatment/ recovery/ other program.

What to do if you've been illegally locked out of your home

  1. Call 911 right away. Lockouts are criminal behavior and a misdemeanor under the "illegal eviction law."
    • NYPD's role is to protect the rights of a person who is being or has been unlawfully evicted.
    • Unlawful evictions are always illegal.
    • The NYPD may take action against someone trying to remove a tenant if they have probable cause to believe it is an unlawful eviction.
    • The NYPD can keep the peace on the scene while you take steps to get back into your home.
  2. Call 311 and ask for the Tenant Helpline to get a referral to a free legal service provider. (If you are experiencing a legal eviction, the Tenant Helpline is also here to help you. Call 311 to be connected to free legal representation.)
  3. Go to the housing court in your borough (addresses below) to file an Order to Show Cause for emergency relief to be restored to possession (allowed back in).
  4. Call 311 and ask for HPD to report utility shut-offs. HPD would inspect and, where warranted, write a violation.

If you experience an illegal lockout and cannot get back in via the police department, go to the housing court in your borough right away. Housing Courts are generally open from 9am to 4:30 or 5pm.

CourtHousing Court AddressPhone

Brooklyn ("Kings County")

141 Livingston Street, Brooklyn, 11201

347-404-9201

Bronx

851 Grand Concourse, Bronx 10451

718-618-2561

Manhattan ("New York County")

111 Centre Street, New York, 10013

646-386-5500

Queens

89-17 Sutphin Boulevard, Jamaica 11435

212-962-4795

Staten Island ("Richmond County")

927 Castleton Avenue, Staten Island 10310

718-675-8452

Remember, anything other than an official court order delivered by a Marshal or Sheriff is not a legal eviction. You have the right to stay in your home.

Social Media Posts

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Please note that more languages are to come and we are making every effort to translate these materials as quickly as possible!

Suggested Posting Text

  1. 📣 It is illegal for someone to pressure or force you to leave your home. Do not self-evict! Call 311 and ask for the Tenant Helpline to learn more about your rights.

  2. NYC: Did you know that you are protected against lockouts?
    Lockouts are ALWAYS illegal. Call 911 if you experience a lockout and call 311 and ask for the Tenant Helpline to learn more about your rights.

  3. No matter your immigration status, it is illegal for someone to pressure or force you to leave your home without going through a formal court process. Call 311 and ask for the Tenant Helpline to learn more about your rights.

  4. Even if you did not sign a lease, you are protected against a lockout if you have lived in the same place for 30 days. Call 311 and ask for the Tenant Helpline to get free legal advice if you've been illegally locked out.

Flyer

Illegal Lockouts (2024)

FAQs

What is an illegal lockout in NJ? ›

It is illegal for the landlord to force a tenant out by changing the locks, padlocking the doors or by shutting off gas, water or electricity. A landlord also cannot take possession of a tenant's personal belongings or furniture to try to force them to pay rent.

What is an illegal lockout in NYC? ›

An illegal lockout occurs when a person, having legally occupied an apartment for at least 30 days (with or without a lease), is forcibly removed or locked out of their apartment without a court order.

What can't a landlord do in New Jersey? ›

Landlords in New Jersey cannot violate the implied warranty of habitability, discriminate against tenants, unjustly withhold security deposits, evict tenants without proper notice or due process, raise rent without giving proper notice, enter a tenant's dwelling without reasonable notice except in emergencies, or ...

How long does it take to evict a tenant in NJ? ›

New Jersey Eviction Time Estimates
ActionDuration
Eviction hearing10-30 days after issuance of summons
Issuance of warrant of removal3 business days after judgment is entered
Time to quit after warrant is posted3 business days
Total3 weeks – 3 months
4 more rows
Nov 3, 2023

How to evict a squatter in NJ? ›

Owners can file a lawsuit for ejectment in a court of law to regain possession of their property. New Jersey's laws permit property owners to use the court system to evict squatters by demonstrating legal ownership.

Can a landlord evict you without going to court in NJ? ›

The landlord must be able to prove in court that he has grounds for an eviction. This bulletin outlines the good cause grounds for an eviction of a tenant from residential rental properties in New Jersey, pursuant to the Anti-Eviction Act, as set forth in N.J.S.A. 2A:18-61.1.

Why are lockouts legal? ›

It's important to understand that lockouts aren't a license for unfair labor practices. They're intended to serve one purpose: force the union to agree to a reasonable, legitimate bargaining position. Unfair labor practices are illegal at any time, including during and after the lockout.

What happens in a lockout? ›

A lockout is a work stoppage or denial of employment initiated by the management of a company during a labor dispute. In contrast to a strike, in which employees refuse to work, a lockout is initiated by employers or industry owners.

What to do if someone locks you out of your house? ›

What To Do When You're Locked Out of Your House
  1. Look For Unlocked Windows or Doors. When locked out of your house, the first step to regaining entry is to check for any unlocked doors or windows. ...
  2. Reach Out for Help. ...
  3. Call the Landlord. ...
  4. Pick the Lock. ...
  5. Use a Credit Card. ...
  6. Break In. ...
  7. Remove the Doorknob. ...
  8. Call a Locksmith.

Can a tenant refuse entry to a landlord in NJ? ›

A landlord may request entry to a rental unit to perform other services or to show the unit for re- renting or sale. However there is no law that obligates a tenant to allow a landlord access to the rental premises for purposes other than inspection, maintenance and repair.

How much can a landlord legally raise your rent in NJ? ›

New Jersey has no statewide rent control laws in place. However, cities and counties can enforce their own rent control laws which must be followed if you own a property in one of these areas. Typically local rent control limits rent increases to between 2-6%, though it all depends on the area.

Is NJ a tenant-friendly state? ›

New Jersey is not landlord-friendly because laws favor tenants. Many cities have rent control policies, there are limits on rent increases, and the eviction process can be slow.

What is a good cause to evict a tenant in NJ? ›

The person has continued to be, after written notice to cease, so disorderly as to destroy the peace and quiet of the occupants or other tenants living in said house or neighborhood. c. The person has willfully or by reason of gross negligence caused or allowed destruction, damage or injury to the premises.

What is considered landlord harassment in New Jersey? ›

Landlord harassment typically involves actions taken by a landlord or property owner to make a tenant's living conditions unbearable or to force them to move out. This can include demanding money without notice, refusing to discuss bills, or attempting to change locks without proper eviction procedures.

Can a landlord refuse to renew a lease in NJ? ›

A landlord must allow the tenant to renew the lease unless the landlord has good cause for an eviction under the Anti-Eviction Act. (This does not apply to two or three-family owner occupied dwellings, motels, hotels, transients or seasonal tenants).

What happens if you rent an illegal apartment in NJ? ›

In New Jersey, the lease will be null and void in the case of an illegal lease. This means that the tenant's obligation to pay rent for the property would be null and void. Of course, if a tenant stops paying rent, the landlord could evict them from the property.

Can you kick someone out of your house in New Jersey? ›

You can't evict a tenant in New Jersey simply because you don't want them in your house anymore. A tenant can only be lawfully evicted under NJ eviction laws for “Good Cause.” New Jersey is generally very strict as to what is an acceptable cause for eviction.

How long does it take to get a warrant for removal in NJ? ›

Provided that the tenant does not appeal for reconsideration or does not pay the entire rent due within 3 business days judgment for possession being passed, a Warrant for Removal is issued 3 days after the judgment is passed in favor of the landlord.

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