The only legal way to evict a tenant is through the appropriate court process. Landlords, however, may try to evict a tenant without going through the proper process. This is known as an “illegal eviction,” “unlawful eviction,” or “self-help eviction.” In this section, you will find information regarding what may constitute an illegal eviction and potential options if you believe your landlord is trying to evict you illegally.
Generally, once you have lived somewhere for 30 days, whether you have a lease or not, landlords cannot legally evict you without going through a court process and having a judge sign a warrant of eviction.
Trying to evict a person without going through the proper court process is a criminal offense. Activities that may be an illegal eviction include doing, or threatening to do, any of the following:
Forcibly removing you or your belongings from your home;
Changing your locks or removing your door;
Turning off your utilities (including water, heat, electricity, garbage pickup or sewer); or
Other actions that are intended to make you leave your home or keep you out of it.
It is illegal for anyone to try to evict you from your home without a court order, including landlords, property managers, co-tenants, neighbors, and guests – anyone.
If your landlord or anyone else successfully evicts you illegally, your landlord is required to take all reasonable and necessary steps to get you back into your home, if you request that they do so. If your landlord does not know about the illegal eviction, then you may only have seven days to make this request. For survivors or victims of domestic violence, it is important to note that requesting and implementing lock changes, after an Order of Protection has been issued by either a criminal or family court, does not amount to an illegal eviction.
If you believe someone is trying to illegally evict you, you can call the police. Illegal evictions are a Class A misdemeanor carrying civil penalties of $1,000-$10,000 for each offense.
Police officers often misunderstand or refuse to enforce this law. An officer may tell you that it is a “civil matter” and that they cannot do anything. The officer would be incorrect. You can tell the officer it is a Class A misdemeanor for any person to try to illegally evict a lawful occupant under New York Real Property Actions and Proceedings Law Section 768. You may also want to tell the officer about the guidance issued by the New York Attorney General’s Office regarding illegal evictions, available here: https://ag.ny.gov/sites/default/files/guidance_to_law_enforcement_on_illegal_lockouts.pdf.
If the officer refuses to pursue the matter, it is best to ask for their name and badge number, and then ask to speak to the officer’s supervisor. Also, you can ask for a copy of any reports that are made from the interaction. You may need this information to pursue the matter further. It is good to also keep proof of any costs or expenses that you incur because of the illegal eviction.
If you are illegally evicted, you can ask a court to order your landlord to let you back in to your home. This requires filing a lawsuit in court and it is recommended that you speak to an attorney about your options. Tenants may contact LawNY or the Tenants Legal Hotline to potentially receive free legal assistance.
Tenants can contact the Ithaca Tenants Union at (607) 358–5048 for help organizing or to provide other supportive services.
This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline at (607) 301-1560 or visit https://ithacatenantresources.org/tlh or contact Legal Assistance of Western New York (LawNY) at 607-273-3667.
