Evicting a tenant can be one of the most stressful parts of property management. Many landlords understandably want to resolve the issue quickly, whether due to unpaid rent, lease violations or property damage. However, in New York State, taking matters into your own hands is not only discouraged, it’s illegal.
Self-help eviction refers to any attempt by a landlord to force a tenant out without going through the formal court process. This includes changing locks, shutting off utilities, removing personal belongings or any form of harassment intended to make the tenant leave. While it may seem like a quicker fix, self-help eviction can backfire dramatically.
1. It’s Illegal and carries severe penalties
Landlords who attempt a self-help eviction risk being sued by the tenant for damages. Courts can:
- Award the tenant actual damages
- Award the tenant punitive damages
- Allow the tenant to remain on the property
In worst-case scenarios, landlords may even face criminal charges.
2. It complicates future legal proceedings
Engaging in self-help eviction can sabotage any legitimate legal claims a landlord may have. If a landlord pursues an illegal eviction tactic, courts may side with the tenant even if they clearly violated their lease.
Judges are often reluctant to reward landlords who flout the legal process, and tenants can use a landlord’s misconduct as leverage in court. Additionally, suppose a tenant is illegally locked out and successfully sues. In that case, the landlord may be ordered to restore possession, meaning the tenant can legally move back in.
3. It damages relationships and reputation
A landlord known for illegal or aggressive tactics will struggle to attract responsible tenants. Worse still, a single case of self-help eviction can invite scrutiny from housing advocacy groups or even trigger an investigation from local authorities.
While self-help eviction might seem like a faster, cheaper route to dealing with problem tenants, in New York State, it is a legal and financial landmine. When facing tenant issues, landlords should always enlist legal guidance to navigate the eviction process lawfully and effectively.