NYC Wrongful Eviction
Only a Judge Can
Only a Judge Can
Evict You. Not Your Landlord.
In New York, your landlord cannot remove you, change your locks, or take your belongings — even if you haven't paid rent, even if your lease has expired, even if they have a court judgment. Only a marshal acting on a court order can evict. If your landlord crossed that line, we get you back in — fast.
Did Your Landlord Do This?
Any of these acts are illegal in NYC. The faster you act, the stronger your case for emergency court relief.
- Locks Changed Without Notice If you came home to find your locks changed and you weren't able to access your unit, that's a clear illegal eviction. Even one night of being locked out is actionable. Police can help restore access immediately. →
- Belongings Removed or Thrown Out Your landlord cannot remove, dispose of, or hold your personal property without a court order — not even if you owe rent. Removal of belongings creates immediate damages exposure for the landlord. →
- Utilities Shut Off Electricity, gas, heat, hot water, and water cannot be shut off as a tactic to force you out. Self-help shutoffs are illegal and trigger immediate court orders to restore service. →
- You Were Forcibly Removed If a landlord, building staff, or hired help physically removed you from your apartment, that's not just illegal eviction — it can also be assault. We pursue both the housing violation and the personal injury claim. →
- Eviction Notice Without Court Process A landlord notice — even a formal-looking one — is not an eviction order. You can only be removed by a marshal acting on a Housing Court judgment after a proper proceeding. Anything else is self-help and illegal. →
- Eviction While You Were Out Your landlord cannot remove you during a hospitalization, vacation, or work trip. Returning home to find yourself displaced from your own apartment is one of the strongest wrongful-eviction patterns and warrants emergency restoration of possession. →
- Threats to Call ICE for Refusing to Leave Threats to report your immigration status if you don't leave are explicitly illegal under NY law. They also constitute landlord harassment and create independent damages exposure on top of the eviction claim. →
- Eviction Proceedings Filed in Bad Faith Repeated frivolous nonpayment proceedings, holdover petitions without basis, or attempts to evict over technical violations the landlord caused are all defensible — and frequently produce attorney's-fee shifts to the tenant. →
Locked out? Call us now.
Emergency restoration of possession can happen within 24-72 hours. A real attorney answers 24/7.
How We Fight Back.
For wrongful evictions, speed matters more than anything. We move fast and bring every applicable remedy.
- Emergency Order to Restore Possession If you've been locked out, we file for emergency relief in Housing Court — often the same day. The court can order the landlord to immediately restore your access, with contempt sanctions for noncompliance. →
- Defense Against Eviction Proceedings If you've been served with Housing Court papers — nonpayment, holdover, or otherwise — we appear, file answers, raise every defense, and where applicable, file counterclaims that can shift attorney's fees to the landlord. →
- Damages Lawsuits for Wrongful Eviction Beyond restoring possession, we sue for the damages caused: moving costs, hotel and storage expenses, lost or damaged personal property, emotional distress, and where intent to harm is proven, punitive damages. →
- Treble Damages for Forcible Eviction Under NY Real Property Law, forcible eviction can carry triple damages — three times your actual losses. This applies in clear illegal-lockout cases and dramatically increases the landlord's settlement pressure. →
- Rent-Stabilized Renewal Rights If you're rent-stabilized and the landlord is refusing to renew your lease, that's near-always defensible. Rent-stabilization rules require renewal unless very narrow grounds apply — and 'I want the apartment back' is not one of them. →
- Coordinated HPD/DHCR Action Beyond the eviction itself, we file parallel HPD complaints (for conditions) and DHCR complaints (for stabilized tenants) — building pressure across multiple regulatory tracks simultaneously. →
Already received eviction papers?
Don't ignore them. Deadlines move fast. We can file an answer and raise defenses — but only if you act now.
What You Can Recover.
Wrongful eviction damages add up — sometimes substantially.
- Restoration of Possession Court order requiring the landlord to give you immediate access back to your unit, with consequences for noncompliance.
- Treble Damages Triple your actual losses where the eviction was forcible. Includes moving costs, hotel bills, replacement property, and lost wages.
- Emotional Distress Damages Being illegally evicted causes documented psychological harm. NY courts recognize this in wrongful-eviction cases.
- Punitive Damages Where the landlord acted maliciously or repeatedly, punitive damages can exceed actual damages by several multiples — designed specifically to deter the conduct.
- Attorney's Fees Successful wrongful-eviction cases typically shift legal fees to the landlord, which is often what produces a settlement before trial.
- Rent-Free Period Where the landlord's conduct made the unit uninhabitable, the court can order rent abatement for the period — and you recover any rent paid during it.
Tell Us What Happened.
If you've been locked out right now, call (212) 300-3191 immediately — a real attorney answers 24/7. Otherwise, fill out the form and we'll respond within one business day.
Wrongful Eviction Questions Answered.
My landlord says they have the right to evict me because I haven't paid rent. Can they?
No — not without a court order. Even if you genuinely owe rent, your landlord must file a nonpayment proceeding in Housing Court, get a judgment, and have a marshal execute the order. Until that entire process is complete, any self-help eviction is illegal regardless of your payment history.
Police told me this is a "civil matter" and they can't help. Now what?
Police don't always understand NY housing law. Tell them clearly: 'My landlord changed my locks without a court order. This is illegal self-help eviction under New York law. I'm asking for assistance to restore my access.' If they still refuse, document the conversation and call us — we can secure court orders within hours.
How fast can a court order to restore possession actually happen?
In clear cases, an order can issue within 24-72 hours. We can file emergency papers the day you call us, and Housing Court treats illegal-lockout situations as priorities. The faster we have your call, the faster we move.
Can my landlord evict me if my lease has expired?
Not without going to court. Even with no current lease, you have continuing rights as a holdover tenant — and the landlord must file a holdover proceeding in Housing Court to seek your removal. They cannot simply change the locks or refuse to let you back in.
I haven't paid rent in months. Doesn't that change things?
No. Nonpayment is a defense the landlord can raise in a proper nonpayment proceeding — but it doesn't authorize self-help eviction. The remedy for landlords with non-paying tenants is Housing Court, not personal action. If they bypassed the court process, they violated the law regardless of the rent situation.
My landlord said I'm a 'squatter' because I don't have a lease. Can they remove me?
Almost certainly not. Anyone in continuous occupancy of a residential unit for 30+ days is a tenant under NY law — regardless of whether there's a written lease. The 'squatter' label is a common landlord tactic but rarely accurate for someone who has actually been living in the unit.
What if I owe rent — can I still sue for wrongful eviction?
Yes. Your rent obligation and the landlord's eviction methods are separate legal issues. Even if you owe substantial back rent, the landlord cannot evict by self-help — and if they did, you can sue for wrongful eviction damages independently of the rent dispute.
How much does this cost me?
Nothing unless we win. We represent wrongful-eviction clients on contingency — our fee comes from damages recovery and court-ordered attorney's fees shifted to the landlord. You pay no out-of-pocket costs.
Want to learn more?
Comprehensive walkthrough of NYC eviction proceedings, self-help eviction violations, and tenant defenses.
Read the full guide →Locked Out? Threatened? Call Cuz.
Emergency restoration of possession can happen within 24-72 hours. A real attorney answers 24/7. No fee unless we win.