Can Landlords Change Locks Without Consent in New York?

If you're renting in New York and worried about your landlord changing the locks without your consent, you're not alone. Understanding your rights and your landlord's legal obligations can help you address any concerns quickly and effectively. This guide covers what New York law says about lock changes, lockouts, and renter protections so you can feel secure in your home.

Lock Changes and Lockouts: What New York Law Says

In New York, landlords are not allowed to change locks, remove doors, or otherwise deny a tenant access to their rented home without a proper legal process. This act is known as an "illegal lockout." Only a New York City Housing Court or appropriate local civil court order, obtained after a successful eviction proceeding, allows for removal or lock changes without tenant consent.^[1] The right to proper notice and formal eviction applies to all tenants, including those with expired leases or month-to-month agreements.

Exceptions: When Can a Landlord Change Locks?

• After a legal eviction, with a court order
• For urgent repairs or emergencies, provided the tenant is given access again
• At a tenant’s request, such as after a break-in (often at the tenant's expense)

Any lock change outside of these situations, and without your consent or a court order, is illegal under New York Real Property Law § 235 and city administrative codes.

What Counts as an Illegal Lockout?

According to official New York regulations, an illegal lockout occurs when:

• You’re locked out of your apartment (or any part of it) without a court order
• The locks are changed without your knowledge and without handing you the new keys
• Utilities like water, heat, or electricity are intentionally shut off to force you out
• Your doors or windows are removed so you cannot enter safely

Both residential and some commercial tenants are protected, but the information here focuses on renters of homes and apartments.

"If you believe you are being locked out illegally, you have the right to seek immediate help through the local Housing Court or municipal authorities."

What To Do If You’re Locked Out

If your landlord changes the locks or denies you access without following the proper legal process:

• Document everything: Take photos, videos, and write down times and communications.
• Contact your local Housing Court right away.
• File an "Order to Show Cause to Restore to Possession" (see below for details).
• If your situation is emergent, call 911 or your local police precinct, as lockouts are a criminal matter in New York City and many regions across the state.

Key Legal Form: Order to Show Cause to Restore to Possession

• Form Name: Order to Show Cause to Restore to Possession
• When and How Used: If you have been unlawfully locked out, bring this to your nearest Housing Court immediately during business hours. The form allows you to request a judge's emergency order to let you back into your apartment.
• Access the official Order to Show Cause process here

For step-by-step instructions, see the "How To Steps" section below.

Relevant Tribunal: New York City Housing Court & Local Civil Courts

In New York City, the New York City Housing Court handles disputes between landlords and tenants, including illegal lockout cases. In other parts of New York State, local City or District Civil Courts handle these matters. You can find your local court via the New York State Unified Court System.

Rights and Responsibilities under New York Law

Lockouts are strictly prohibited under New York Real Property Law § 235 and New York City Administrative Code § 26-521. Your landlord must go through proper eviction proceedings, which means:

• Providing written notice if they intend to end your tenancy
• Filing for eviction in court if you do not leave after proper notice
• Allowing a judge to decide if eviction is legal
• Using court officers or sheriffs to enforce a final judgment—never doing it themselves

FAQ: Lock Changes and Illegal Lockouts in New York

1. Can my landlord change my locks if I am behind on rent?
   No. Even if you owe rent, your landlord must go through the legal eviction process. Changing locks without a court order is illegal.
2. What can I do right away if I’m locked out?
   Go to your nearest Housing Court during business hours to file an Order to Show Cause to Restore to Possession. Call the police if you fear for your safety or if the situation occurs after hours.
3. Is the landlord allowed to refuse me a key after changing locks for repairs?
   No. If the landlord changes locks for repairs, you must be provided access as soon as reasonably possible or be given a new key immediately.
4. Do these protections cover subtenants or roommates?
   Yes, as long as you can show an established right to live in the apartment (such as a written agreement, paying rent, or utility bills in your name), you are protected under New York law.
5. Can I sue my landlord if I am illegally locked out?
   Yes. You may be entitled to damages, legal costs, and restoration of possession by the court if a lockout is found to be illegal.

Conclusion: What Renters Should Remember

• Your landlord cannot change the locks without your consent or a court order.
• If you are locked out, act quickly: document, file the Order to Show Cause, and seek court or police help.
• Official forms and legal support are available from New York courts and agencies.

Knowing your rights can provide peace of mind and the tools you need if you ever face an illegal lockout in New York.

Need Help? Resources for Renters

• NYC Housing Court Lockout Help – Steps and forms for restoring possession after a lockout.
• Find Your Local Housing Court – Directory and contacts for courts statewide.
• New York State Division of Housing and Community Renewal (DHCR) – Tenant protection guidance and complaint forms.
• NY Attorney General’s Office: Tenant Rights – Legal rights guides and support.

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1. New York Real Property Law § 235
2. NYC Administrative Code § 26-521
3. NYC Housing Court official lockout guide
4. New York State Division of Housing and Community Renewal

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