My Landlord Changed the Locks — What Do I Do Right Now?

This Is Illegal — Full Stop

In New York, a landlord cannot remove you from your home without a court order executed by a city marshal. No exceptions.

It doesn't matter if:

• You owe months of back rent
• Your lease expired
• You had a verbal agreement
• The landlord says you "abandoned" the apartment
• You were only living there temporarily

Under New York Real Property Law §768, unlawful eviction is a criminal offense. Your landlord can face fines, jail time, and civil liability for locking you out without proper legal process.

If no marshal posted a notice on your door, you have the right to be restored to your home.

What Counts as an Illegal Lockout

Landlords get creative. All of these are illegal:

• Changed locks without your consent
• Removed your belongings to the curb or trash
• Shut off utilities (gas, electric, water, heat) to force you out
• Removed the front door or windows
• Blocked your entry with new tenants, construction, or physical barriers
• Intimidation or threats that made you leave under duress
• Padlocked or chained the door

Even if you left temporarily—hospital stay, visiting family, work travel—your landlord cannot assume abandonment and change the locks. You still live there until a court says otherwise.

What to Do Right Now

Time matters. Here's the sequence:

1. Call the Police

Dial 911 or your local precinct's non-emergency line. Tell them you've been illegally locked out.

The police will likely say they "can't get involved in landlord-tenant disputes." That's partially true—they can't force your landlord to let you back in. But they can document the incident. Get the complaint number and the officers' names. This report becomes evidence in court.

2. Document Everything

If you can do this safely:

• Photograph the changed locks, padlock, or boarded door
• Video the exterior showing your address
• Photograph any belongings left outside
• Save text messages or emails from your landlord
• Get contact information from witnesses (neighbors, building staff)

3. Do NOT Break Back In

This is critical. Even though the lockout is illegal, breaking in can give your landlord ammunition to claim you caused property damage or created a disturbance. It can also escalate a dangerous situation.

The legal path is faster and safer: an emergency court order.

4. Call an Attorney

An emergency Order to Show Cause can be filed the same day at Kings County Housing Court (141 Livingston Street). If granted, a judge orders your landlord to restore your access—often within 24-48 hours.

I handle illegal lockout emergencies and can be reached at (347) 669-3256 any time.

The Emergency Order to Show Cause

This is the legal tool that gets you back in fast.

What it does:

• Asks the court for immediate relief
• Can include a Temporary Restraining Order (TRO) preventing further interference
• Sets a hearing date (usually within days)
• Compels your landlord to appear and explain

What you'll need:

• Proof of residence (lease, mail, ID with address, utility bills)
• Police report number
• Photos/videos of the lockout
• Any communications with the landlord
• List of belongings still inside

Where to file: Room 303, Kings County Housing Court, 141 Livingston Street, Brooklyn. Nearest subways are Hoyt-Schermerhorn (A/C/G) and Borough Hall (2/3/4/5/R).

The clerk's office can help you file if you're representing yourself, but an attorney can draft and argue the motion faster—often the same day.

What a Legal Eviction Looks Like

For comparison, here's the process your landlord skipped:

• Court case filed: Landlord serves you with a Notice of Petition
• Court appearances: You appear in Housing Court, raise defenses, negotiate
• Judgment: If landlord wins, judge signs a warrant of eviction
• Marshal notice: A city marshal posts a notice on your door giving you at least 14 days
• Execution: Marshal returns on the scheduled date to supervise removal

If none of that happened, your landlord broke the law.

Damages You Can Recover

Illegal lockouts entitle you to compensation. Courts can award:

• Hotel and temporary housing costs
• Value of lost or destroyed belongings
• Moving and storage expenses
• Emotional distress damages
• Punitive damages (to punish the landlord's illegal conduct)
• Attorney's fees

In egregious cases—especially where landlords acted knowingly or repeatedly—punitive damages can be substantial. Courts use these awards to deter future bad behavior.

You can pursue these damages in Housing Court or, for larger amounts, in Civil Court.

Why Speed Matters

The longer you're out, the harder this gets. Landlords may:

• Rent to someone else
• Claim you abandoned the apartment
• Dispose of your belongings
• Change their story about what happened

Filing an emergency motion within 24-48 hours of the lockout puts you in the strongest position. Courts take illegal lockouts seriously—but you have to act.

Brooklyn Lockout Emergencies

I've handled illegal lockouts across Brooklyn since 2012. The pattern is usually the same: landlord wants you out, skips the legal process, and hopes you'll just disappear.

You don't have to.

If you've been locked out in Brooklyn, call (347) 669-3256 now. The office is at 592 Pacific Street in Boerum Hill, but for lockout emergencies, I start with the court filing—not paperwork in an office.