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 or more, whether you have a lease agreement 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:
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. A misdemeanor in New York State is any criminal offense that can result in imprisonment for less than a year.
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 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 Advocacy Program Hotline to potentially receive free legal assistance.
A landlord is prohibited from any action intended to force a tenant out of an apartment or to compel a tenant to give up any rights granted the tenant by law. Residential Tenants Rights Guide, https://ag.ny.gov/sites/default/files/tenants_rights.pdf. No landlord, or any party acting on the landlord’s behalf, may interfere with the tenant’s privacy, comfort, or quiet enjoyment of the apartment. This means that no landlord can unjustifiably interfere with the pacific use of the leased premises Id.
Harassment may take different forms. One of them is the form of “disruptive construction or renovation projects that interfere with health, safety, and use of an apartment[.]” Id. If a landlord lies or deliberately misrepresents the law to a tenant, this may also constitute harassment. Id. Severe harassing conduct may constitute unlawful eviction and landlords may be subject to both civil and criminal penalties, in the form of a class A misdemeanor for harassment under Real Property Law § 768.
Landlords are also prohibited from engaging in disruptive construction or renovation projects in your building that interfere with your health, safety, and use of your apartment. These actions could be considered harassment. ITU’s Upstate NY Tenants Rights Guide, https://www.ithacatu.org/rights#landlord-entry-and-harassment.
Landlords are also permitted to increase rents for improvements made to individual apartments (for example, new flooring, new fixtures or other improvements). Typically, these improvements occur while the unit is vacant, but can also be made in occupied units with written approval from the tenant. Residential Tenants Rights Guide, https://ag.ny.gov/sites/default/files/tenants_rights.pdf.
