Locked Out of Your NYC Apartment? What the Law Actually Says

Landlord & Tenant Law · Oct 22, 2026

Finding yourself outside your own apartment with the locks changed and your belongings inside is a nightmare. In New York City, it is also usually a crime.

Whether you are behind on rent, have no written lease, or are in a dispute with a roommate, the person in charge of the apartment generally cannot take the law into their own hands and lock you out. This is called a "self-help eviction," and both New York City and New York State law prohibit it.

If you have been locked out of your NYC home with your property still inside, here is what the law says and what to do.

The 30-day rule: are you protected?

You are generally protected against an illegal lockout if you occupy the apartment under a written or oral lease, or if you have lawfully occupied it for at least 30 consecutive days. That is the core test in both of New York's illegal eviction laws: NYC Administrative Code § 26-521 and the statewide RPAPL § 768. In NYC, certain occupants of rent-stabilized hotels who have requested a lease are also protected before 30 days.

The key word is lawfully. Thirty days of living somewhere does not, by itself, make you protected. You need to have come in with permission, either from the landlord or from someone authorized to let you in, such as the tenant. That covers:

• Tenants with or without a written lease
• Roommates and subtenants
• Family members, partners, or guests who moved in with permission, even if that permission was later withdrawn

Once you qualify, it does not matter that you have no written lease or have stopped paying rent. For an ordinary residential eviction, the landlord or primary tenant must use the court process. A warrant of eviction must be carried out by a city marshal or sheriff, not by the landlord or a roommate. Other lawful court orders and government vacate orders, such as for a dangerous building, can also require an occupant to leave.

Squatters are not protected. Since 2024, RPAPL § 711 states that a squatter is not a tenant. A squatter is someone who entered without permission of the owner or person entitled to possession. A squatter does not gain tenant protections just by staying 30 days.

Changing the locks is a crime

An intentional illegal eviction is a Class A misdemeanor under NYC Admin Code § 26-521 (with penalties in § 26-523) and under RPAPL § 768 statewide. The law applies to "any person," so it covers a landlord, a superintendent, or a primary tenant locking out a roommate.

It is illegal to force out a protected occupant by:

• Using or threatening force
• Changing the locks or adding a padlock without giving you a key
• Removing your door, your belongings, or the contents of the unit
• Cutting off essential services like heat, water, gas, or electricity
• Any other act meant to make you leave, such as blocking your entry

Besides criminal charges, a violator faces civil penalties of $1,000 to $10,000 per violation. An owner who fails to take reasonable and necessary steps to restore an unlawfully evicted occupant, after restoration is requested, can face an additional civil penalty of up to $100 per day, for up to six months. These are civil penalties, not money paid to you; compensation for your losses is a separate claim (see below).

Call the police first

Because a lockout is a crime, a good first step is to call 911 or go to your local NYPD precinct. Bring or show proof that you live there: mail, ID with the address, a lease, rent receipts, or texts with the landlord.

The NY Attorney General's guidance for police says the goal is to return a protected occupant to their home when legally warranted. Anyone who intentionally carries out or assists an unlawful eviction can be arrested. In practice, results vary. Officers sometimes call it a "civil matter." If that happens, calmly ask for a supervisor and cite NYC Admin Code § 26-521.

Calling the police is not a requirement before going to court. You can seek emergency relief in Housing Court at the same time, or instead.

File an illegal lockout case in Housing Court

You can file an illegal lockout case in Housing Court in the borough where the apartment is. You do not have to wait for the police to try first. This case is brought under RPAPL § 713(10) and is often called a "restore to possession" case.

These cases are handled on an expedited basis, though timing varies. You start by filing an Order to Show Cause for emergency relief. The Help Center at the courthouse can help you with the forms. No lawyer is required to file.

The main remedy in this case is getting back into your home. Money damages are usually not decided here (see the next section).

Suing for damages, including triple damages (RPAPL § 853)

If you were unlawfully put out, RPAPL § 853 lets you sue the wrongdoer and seek up to three times your actual damages. Three points matter:

• It is a separate lawsuit. The Housing Court lockout case is about restoring possession and cannot award § 853 damages. You do not need to win a Housing Court lockout case first, and a separate § 853 action can seek both damages and restoration.
• Tripling is not automatic. Section 853 authorizes treble damages for a forcible or unlawful eviction, but do not assume every successful claim will be tripled. Courts have treated the award as discretionary.
• Legal fees are not included. Section 853 provides treble damages, not attorney's fees. Fees may be recoverable only if your lease or another law allows it.

Damages you may be able to claim include the value of belongings lost, damaged, or thrown out, and costs like a hotel or temporary housing while you were locked out. Whether you can recover emotional-distress damages or obtain punitive damages depends on the facts and the legal claims involved; don't assume they are available in every case. A lawyer can tell you what applies to yours.

What to do right now if you are locked out

1. Gather proof you live there. Mail, ID, lease, rent receipts, utility bills, or messages with the landlord or roommate.
2. Document everything. Photograph the new locks, chains, or padlocks, and any of your belongings moved to the hallway or curb. Write down dates, times, and names.
3. Call the police. Dial 911 or go to your precinct. If officers call it a "civil matter," ask for a supervisor and cite NYC Admin Code § 26-521.
4. Keep receipts. Save receipts for hotels, food, clothing, and anything else you had to buy because you could not get in.
5. Go to Housing Court. File an illegal lockout case in the borough where the apartment is located.
6. Get legal help. Call 311 and ask for the Tenant Helpline. Through NYC's Right to Counsel program, many tenants qualify for a free lawyer. A private tenant attorney can also advise you about a separate damages lawsuit. You can search for lawyers who deal with landlord and tenant law in our directory.

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