Can I be locked out of my apartment without an eviction notice? 17 Answers as of June 02, 2013

Can my landlord change my locks? And go to my apartment and remove my stuff outside without an eviction notice?

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Law Office of William L Spern | William Spern
No. You have a right to file suit against the landlord for an illegal eviction.
Answer Applies to: Michigan
Replied: 12/12/2011
Park Law Offices LLC | Kevin Parks
No.
Answer Applies to: Oregon
Replied: 6/2/2013
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
Not unless the lease specifically allows them to do this. The normal procedure in Georgia is for a landlord to file a dispossessory action in Magistrate Court. If the court consents to your eviction, you still have ten days to vacate the premises.
Answer Applies to: Georgia
Replied: 12/7/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
No.
Answer Applies to: New York
Replied: 6/2/2013
Law Office of Bijal Jani | Bijal Jani
As a tenant, there are certain rights which the landlord cannot override. However, landlord tenant disputes and the resolution are fact dependent at times. So, you should discuss with an attorney all the details that took place prior to the landlord changing the locks to get accurate advice.
Answer Applies to: New York
Replied: 12/7/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    Unless and until you have been lawfully evicted you have a right to possess the apartment for the duration of the lease agreement or the rental term for a tenant at will arrangement. Your landlord has no right to lock you out. This is precluded by Massachusetts law. Contact the police and provide the responding officer with proof of your residency at the apartment.
    Answer Applies to: Massachusetts
    Replied: 12/6/2011
    Kern Law | Robert Kern
    No. It is an illegal and actionable eviction if your landlord attempts to do so. He must not only post a proper notice as rrequired by teh laws of your state, but also complete the eviction process before he or she can block your access or remove your things.
    Answer Applies to: Nevada
    Replied: 12/6/2011
    Law Office of Stephen P. Dempsey
    Law Office of Stephen P. Dempsey | Stephen P. Dempsey
    Generally no- but do you have a rental agreement? You can bring suit for damages for wrongful eviction.
    Answer Applies to: New Jersey
    Replied: 12/6/2011
    Noah A. Bradow, Attorney & Counselor, pllc
    Noah A. Bradow, Attorney & Counselor, pllc | Noah A. Bradow
    In Michigan, a landlord may not resort to such tactics to remove you from the home without a writ of eviction.
    Answer Applies to: Michigan
    Replied: 12/6/2011
    Sultan Law Office | Gregory Sultan
    The basic answer is no. But, if you are not living in the apartment, have not paid and attempts were made to serve you as allowed for by the Court, the order allowing the Sheriff to turn the apartment over to the landlord may exist. If you don't have funds to hire a lawyer, contact the local Legal Aid group and see if they can they can help you out .
    Answer Applies to: Illinois
    Replied: 12/6/2011
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