Illegal lockout / self-help eviction complaint letter (NYC)
Legal advice recommended before use.
In New York, a landlord can never remove you or your belongings on their own — not by changing the locks, shutting off utilities, or throwing out your things. The only lawful way to evict a tenant is a court proceeding that ends in a judge-signed warrant of eviction, executed by a sheriff or marshal. Locking you out any other way is illegal self-help eviction, and it can be both a crime and grounds for a lawsuit. Use this letter to create a written record and demand immediate restoration of your access.
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If you are locked out right now, call 911 and tell the police it is an illegal lockout — NYPD can help restore your access on the spot; do not wait to send this letter first. Photograph everything (changed locks, belongings on the street, shut-off utilities) and keep this letter as a dated record. This is a template, not legal advice — consider contacting a tenant attorney or your local legal aid society immediately. This document was drafted without live legal-citation verification (research budget was exhausted) and has not yet been reviewed by an attorney — do not rely on it as final.
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Frequently asked questions
Is it illegal for my landlord to lock me out, even if I owe back rent?
Yes. In New York, owing rent does not give a landlord the right to remove you yourself. Only a court can order an eviction, and only a sheriff or marshal can carry it out with a signed warrant. This applies even to roommates, subletters, and most licensees who have lived in the unit for 30 days or more.
What counts as an illegal lockout?
Changing or removing locks, removing your belongings, blocking your entry, shutting off electricity, gas, or water, or any other action meant to force you out without a court-ordered warrant of eviction. It doesn't matter whether there's a written lease.
What can I actually recover if I was illegally locked out?
Under RPAPL § 853, you can sue for treble (triple) damages. In NYC, unlawful eviction is also a crime under Administrative Code § 26-521, with fines of $1,000-$10,000 per violation and up to a year in jail for the landlord, separate from any civil case you bring.
Who do I call if I'm locked out right now?
Call 911 and tell the operator it's an illegal lockout — NYPD is required to assist in restoring a tenant's access. You can also contact NYC's Tenant Helpline (311) or a legal aid organization the same day; don't wait for a letter to resolve an active lockout.
Does this apply outside New York City too?
The RPAPL requirement that only a court can order an eviction applies statewide in New York. The Administrative Code § 26-521 criminal penalty specifically applies within New York City; areas outside NYC rely on the RPAPL civil remedies and, in some cases, local ordinances.
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