Illegal lockouts and utility shutoffs by a landlord

You come home and your key doesn’t turn. Or your belongings are on the sidewalk. Or the water goes off right after your landlord told you to leave. Removing a tenant this way, without going through the courts, is known as a self-help eviction or illegal lockout. This guide explains what the CFPB and several states’ laws say, the only legal path to remove you from your home and what you can do the same day. The exact rules belong to each state, and sometimes each city, so the guide always points you to free legal aid.

What your landlord needs to force you out by changing the locks, according to the CFPB

Court order¹

In Florida, the minimum your landlord owes you for a lockout or utility shutoff

3 months' rent⁷

In Texas, to get the new key after calling, if the locks were changed for unpaid rent

2 hours⁶

What an illegal lockout is

According to the CFPB, your landlord cannot force you out by changing the locks without a court order. Nor can they fail to pay for utilities under their control or endanger your health and safety.¹ That holds even if you owe rent: owing money does not give your landlord permission to remove you on their own.

The state laws we reviewed say it in more detail. The California Attorney General explains that it is illegal to try to “evict” a tenant by locking them out, shutting off the water or electricity or removing their belongings, and that the only lawful way to evict is to file a case in court.⁴ The New York Attorney General adds that a landlord cannot use threats of violence, remove your belongings, lock you out or willfully cut essential services such as water or heat.⁵ The Illinois courts warn landlords themselves: trying to evict without a court order is against the law, and they may not change locks or cut utilities to force someone to leave.¹³

That is an illegal lockoutillegal lockoutAn illegal lockout happens when the landlord shuts you out of your home by changing the locks without a court order. A landlord cannot force you out that way, or pressure you by cutting off utilities under the landlord's control. To evict you, the landlord must follow the legal process: written notice, a court case and a judge's order. Most states prohibit removing or shutting out a tenant without a court order. Depending on your state's law, you may be able to get back into the home, end the lease or recover damages.See the full definitionClose. It can come with other pressure, such as removing your things or cutting the power. It almost always aims at the same thing: getting you out without a judge deciding.

The only legal path: the courts

A legal evictionevictionEviction is the legal process a landlord uses to get back a rented home when the tenant does not want to leave. The most common reasons are unpaid rent, serious lease violations or a lease that has ended. First the landlord must give you written notice. If it is not resolved, the landlord needs a court order, and a law enforcement officer must carry out the removal. If you are sued, you have the right to file a written answer explaining to the court why you should not be evicted. The rules change by state and city.See the full definitionClose has steps, and the landlord does none of them alone. In New York, the Attorney General explains you can be evicted only after a court case and a judgment, and only a sheriff, marshal or constable can carry out the order.⁵ In Arizona, the courts explain that the writ of restitution is carried out by a constable or sheriff, and the landlord may not change the locks or enter until the court issues it and it is served.⁸ In North Carolina, the law says a tenant can be removed only through the procedure the law prescribes.¹¹

How a legal eviction works (with variations by state)

1. 1. Written notice

   The first step

   The landlord delivers a notice. How many days it gives is set by your state's law; the table below shows the notice for late rent.²

   Try it with your numbersEviction timelines by state

2. 2. Lawsuit in court

   If you don't work it out

   The only lawful way to evict is to file a case in court and go through the process.⁴

3. 3. Hearing and judgment

   On the date the court sets

   A judge decides. You can answer and defend yourself; legal aid can help.²

4. 4. Order carried out by an officer

   After the judgment

   In Arizona, a constable or the sheriff; in New York, a sheriff, marshal or constable. Never the landlord alone.⁸

Notice for late rent, by state

State	Notice for late rent
Alabama	7 business days
Alaska	7 days
Arizona	5 calendar days
Arkansas	3 days
California	3 court days
Colorado	10 days
District of Columbia	10 days
Florida	3 days
Georgia	3 business days
Hawaii	10 calendar days
Idaho	3 days
Illinois	5 days
Indiana	10 days
Iowa	3 days
Kansas	3 calendar days
Kentucky	7 days
Louisiana	5 days
Maryland	10 days
Massachusetts	14 days
Michigan	7 days
Minnesota	14 days
Mississippi	3 days
Montana	3 days
Nebraska	7 calendar days
Nevada	7 judicial days
New Hampshire	7 days
New Mexico	3 days
New York	14 days
North Carolina	10 days
North Dakota	3 days
Ohio	3 days
Oklahoma	5 days
Oregon	10 days
Pennsylvania	10 days
Rhode Island	5 days
South Carolina	5 days
Tennessee	14 days
Texas	3 days
Utah	3 business days
Vermont	14 days
Virginia	14 days
Washington	14 days
Wisconsin	5 days
Wyoming	3 days

This is the first step of the legal path; your city may have its own rules.² Tap your state for the other rules, including lockouts. Source: each state's laws

The tenant rights pages for Texas, Florida, California, New York, Illinois, Arizona and North Carolina collect the rules we verified in each state. The guide What to do if you get an eviction notice explains how to defend yourself at each step.

Legal eviction or illegal lockout

Goes through court

Legal eviction

• There is a court case and a judgment.⁵
• It is carried out by a sheriff, constable or marshal.⁸
• You get a chance to answer and defend yourself.²

The landlord acting alone

Illegal lockout

• Changes the locks without a court order.¹
• Cuts off water, power or gas, or removes your things.⁴
• May owe you damages and a chance to get back in.⁵

If no one showed you a court order carried out by an officer, ask legal aid for help today.²

Texas is different: lock changes for unpaid rent

Texas shows why there is no national rule. Its law prohibits intentionally keeping a tenant out except by judicial process, but it allows one exception: changing the locks of a tenant who is behind on rent, under strict conditions.⁶

• The right to change the locks for unpaid rent has to be in your lease.
• The landlord must give you written notice in advance: mailed locally no later than the fifth calendar day before the change, or hand-delivered or posted inside your door no later than the third day.
• The locks cannot be changed while you or another lawful occupant are inside.
• When the locks are changed, the landlord must leave a notice on your door with a location or a phone number answered 24 hours a day, and get you the key within two hours of your call.
• The landlord must give you the new key even if you don’t pay the rent you owe.

That is all in Texas law.⁶ If the landlord doesn’t comply, you can recover possession or end the lease, and recover a penalty of one month’s rent plus $1,000, your damages, costs and attorney’s fees, minus the rent you owe. A lease clause asking you to give this up is void.⁶ The guide to your lease helps you check what you signed.

Water, power or gas shutoffs

Cutting off a utility to make you leave is another form of illegal lockout. Here is how the laws we reviewed treat it:

State	What the law says about utilities
California	It is illegal to “evict” by shutting off water or electricity
Florida	The landlord may not cause the shutoff of any utility (water, heat, power, gas, elevator, garbage), whether or not it is in the landlord’s name
New York	The landlord may not willfully cut essential services such as water or heat
Texas	No shutoffs except for bona fide repairs, construction or emergencies; separate rules for submetered electricity
Arizona	No shutoff of utilities provided with the lease except for needed repairs, among other exceptions

That is what the California Attorney General,⁴ Florida law,⁷ the New York Attorney General,⁵ Texas law⁶ and Arizona law¹⁰ say. The Texas exception is specific: a landlord who bills electricity through a submeter or proration can cut it off for an unpaid electric bill, but only by following that law’s notice rules.⁶

What if it’s the landlord who isn’t paying? In New York, when the owner of a multiple dwelling falls behind on utilities, the utility must give tenants written notice before shutting off, and it cannot shut off if tenants pay the current bill directly to the utility; that payment can be deducted from rent, and the Public Service Commission can help.⁵ The CFPB also says your landlord cannot fail to pay for utilities under their control.¹

If the account is in your name and the utility shut it off for nonpayment, that is not a landlord lockout. The CFPB says LIHEAP helps with utility bills year-round, and the national referral line is (866) 674-6327.³ The guide on what to do if you can’t pay your rent explains where else to look for help.

If it happens today: what to do

You don’t have to handle this alone. This order brings together what this guide’s sources say; the details change by state.

The day of the lockout or shutoff

1. 1. Get safe

   First

   If there are threats or violence, call 911. If you have nowhere to sleep, HUD says to dial 2-1-1 and press 6.¹⁵

2. 2. Document what happened

   As soon as you can

   Photos or video of the lock, your belongings or the utility shutoff, with date and time. Write down who saw it.

3. 3. Ask in writing to be let back in

   The same day

   A message to the landlord saying what happened and asking to get back in or have service restored. Keep a copy.

4. 4. Ask whether you can call the police

   Depends on your state

   In Arizona, the courts say you can call the police if the landlord changes the locks before the writ is served.⁸

5. 5. Seek a judge's order to get back in

   In states that have one

   In Texas, a sworn complaint at the justice court can get you a writ of reentry.⁶

6. 6. Call legal aid today

   Without waiting

   You may qualify for free help based on your income. In California, the Attorney General says to ask about returning to your home and recovering damages.²

The CFPB recommends talking to a lawyer if your landlord is threatening to evict you or you need help understanding your rights, and says you may qualify for free legal aidlegal aidLegal aid is the free civil legal help that nonprofit organizations and their lawyers provide to low-income people in civil, not criminal, matters. In housing, that includes representing families facing eviction or foreclosure, alongside matters such as custody, child support, protection from domestic violence and access to benefits. In the United States, the Legal Services Corporation, created by Congress, funds a nationwide network of these organizations; its finder points you to the one in your area. Each sets its own income limits.See the full definitionClose based on your income, through your local bar association or a legal aid office.² The Legal Services Corporation, created by Congress, shows you the nearest legal aid organization when you enter your address or city.¹⁴ The guide to free legal aid explains who qualifies.

What the law lets you claim

If you were removed illegally, several laws give you two things: getting back into your home (or ending the lease, if you prefer) and money for damages. The amounts vary a lot:

• Florida: your damages or 3 months’ rent, whichever is greater, plus costs and attorney’s fees; the violation also counts as irreparable harm for an injunction.⁷
• Texas: recover possession or end the lease, plus a penalty of one month’s rent plus $1,000, on top of your damages, costs and fees, minus what you owe.⁶
• Arizona: recover possession or end the lease and recover up to two months’ rent or twice your damages, whichever is greater.⁹
• New York: up to triple damages; the landlord may face criminal and civil penalties, and you may be entitled to be restored to the home.⁵
• North Carolina: recover possession or end the lease, and your actual damages.¹²
• California: the Attorney General says to ask about returning to your home and recovering damages from the landlord.⁴

If the lockout came after you asked for repairs, it may also be retaliationlandlord retaliationLandlord retaliation happens when the landlord punishes you for using a legal right. For example, the landlord tries to evict you because you complained in good faith to a government office about health or safety problems in the home, or because you organized with other tenants. Not every state recognizes it, and each one defines and proves it differently. In addition, the federal Fair Housing Act prohibits retaliating against a person for filing a housing discrimination complaint or taking part in that process.See the full definitionClose. The guide to repairs and housing conditions explains how states protect tenants who complain.

If this is you

You have nowhere to sleep tonight

HUD says to dial 2-1-1 and press 6 for homeless services.¹⁵ The next day, call legal aid.

You're being threatened with immigration

In California, a landlord can never threaten to reveal your immigration status to pressure you to leave.⁴ In other states, tell legal aid about it.

You have a voucher or live in HUD housing

Tell your public housing agency too; in HUD-assisted buildings, the complaint line is (800) 685-8470.¹⁵

Your belongings are inside or outside

In Florida, the landlord cannot remove your things except after a lawful eviction or if you abandoned the home, among other cases.⁷ Photograph everything.

Costly mistakes

• Mistake: Thinking that because you owe rent, your landlord can put you out.

  Instead: According to the CFPB, your landlord cannot force you out by changing the locks without a court order.¹

• Mistake: Waiting days before asking for help.

  Instead: Call legal aid today; in Texas, a writ of reentry can give you immediate possession.⁶

• Mistake: Treating a Texas lock change as an eviction.

  Instead: Even if you owe rent, the landlord must give you the new key at any hour, paid or not.⁶

• Mistake: Accepting a water or power shutoff meant to pressure you.

  Instead: Florida, New York, California and other states prohibit it; document the shutoff and call legal aid.⁷

• Mistake: Leaving your belongings behind without documenting them.

  Instead: Photograph everything: several laws let you claim damages and get back into your home.⁹

What to do today

1. Get safe; if you have nowhere to sleep, dial 2-1-1 and press 6.¹⁵
2. Take photos and video of the lock, your belongings or the utility shutoff, with date and time.
3. Ask your landlord in writing to let you back in or restore service, and keep a copy.
4. Call a free legal aid office; you may qualify based on your income.²
5. In Texas, ask your precinct’s justice court about the complaint for reentry.⁶