Landlord Self-Help

Can my Landlord Lock Me Out of my Apartment?

No. This is considered self-help which is strictly prohibited under the law.  The landlord or his agents may not lock you out, throw you out, cut off your utilities (power & water), or take the law into their own hands in any way. These acts of “Self-Help” are highly illegal and will allow you to sue the landlord for damages. 

Must Use Judicial Process

The landlord must use the judicial process. The landlord must bring an eviction action against you, also called an unlawful detainer action in many states. Assuming you are being evicted to for nonpayment of rent, you must first receive a written notice from the landlord to pay or quit

The next step is serving a summons and complaint upon you, which commences the formal court action. If the landlord wins and obtains a “judgment” against you to vacate the premises, and if you still refuse to vacate, the landlord must request law enforcement to remove you.  The landlord is strictly prohibited from using self-help, even at this stage of the eviction process.  

Contempt of Court

If you refuse to vacate the premises, once the police arrive and they order you to vacate, if you refuse, the police can arrest you for failing to comply with a court order. This is known as contempt of court.

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