Image this scenario. You’re behind on your rent. One day, you return home after work and put the key in the door to your apartment. The cylinder doesn’t turn…the key doesn’t work, the locks don’t open. You realize they’ve been changed and you’ve been locked out. But you never received a three-day notice from the landlord, and you certainly don’t recall getting any correspondence from Housing Court.
In this example, the landlord acted on his or her own accord without court process. This is called “self-help.” In New York City, it’s illegal and laws protect you from this kind of abuse. Depending on the facts of the case, the landlord may be arrested and there could be criminal penalties.
In New York State, you can only be evicted under court order, with a judge having signed documents that allow your removal from the premises. Only the Marshal or the Sheriff can legally perform the eviction.
Other Landlord Illegal Eviction Abuses…
If your landlord cuts essential services, with the intention of making conditions in your apartment unlivable to force you to leave, that is also an illegal eviction. This would include terminating heat, hot water, or electricity.
Without a Court Order, both criminal and civil laws prohibit removing possessions from your apartment. Other landlord abuses can include illegally removing the door from your unit, threatening to forcibly remove you, or using actual violence against you.If you find yourself in a situation like this with your landlord, take action immediately to protect your tenancy and safety. You can learn more about what to do in attorney Jeff McAdams’ Special Report, How to Protect Yourself Against a Ruthless, Greedy Landlord . Of course, to have the strongest chance of preserving your rights, it’s best to hire a Tenant’s lawyer to represent you.
Tenants’ attorney Jeff McAdams’ has over 20 years experience in successfully representing tenants who’ve been subject to landlord abuse. He’s been very effective in getting tenants back into their apartments who have been wrongfully evicted, in a wide variety of situations.
You can learn even more about the legalities of eviction in New York City in these tips and articles Jeff has published:
If you believe you have been illegally evicted from your apartment, contact McAdams Law immediately for a free, brief initial phone consultation. You can reach Jeff McAdams at 212-406-5145. You don’t have to be a victim of illegal eviction and other unscrupulous landlord abuses.
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