Why Locking a Tenant Out is a Bad Idea

Let me tell you about three landlords. We'll call them Moe, Larry, and Shemp.

Moe owned a brownstone in Bed-Stuy. His tenant hadn't paid rent in three months. So Moe did what seemed logical: he changed the locks while the tenant was at work. Problem solved, right?

Wrong. The tenant called the police. The police told Moe that what he did was illegal—a "self-help eviction" that violates RPAPL § 853. Moe had to let the tenant back in. Then the tenant sued him for illegal lockout and won treble damages.

Larry owned an apartment building in Crown Heights. His tenant was running what Larry suspected was an illegal business out of the unit. Instead of going to court, Larry shut off the electricity. He figured the tenant would leave on their own.

The tenant didn't leave. They filed an HP Action for lack of essential services. The court ordered Larry to restore power immediately and fined him $1,000 per day until he complied. Larry also faced criminal charges for harassment.

Shemp had a commercial tenant who was three months behind on rent. Shemp's lease had a clause allowing him to re-enter and take possession if rent wasn't paid. So Shemp changed the locks and threw the tenant's stuff on the sidewalk.

Even with that lease clause, Shemp was wrong. In New York, you cannot use self-help to evict anyone—residential or commercial—without a court order and a Marshal. Shemp's tenant got a temporary restraining order, got back into the space, and is now suing Shemp for conversion, trespass, and intentional infliction of emotional distress.

The Right Way

I know it's frustrating. You own the building. They're not paying rent. Why should you have to spend months in court?

Because that's the law. And here's the thing: if you do it right, you'll actually get a better result. A properly executed eviction gives you a judgment you can enforce. It protects you from liability. And it usually goes faster than you'd think—especially if you have an attorney who knows the system.

Whatever you do, don't be Moe, Larry, or Shemp.

For Brooklyn and the rest of the best city in the world. (NYC, I'm talking about NYC)