One of the most serious mistakes a landlord can make is locking out a tenant without a court order. This action—often called a “self-help” or “illegal eviction”—is not only risky, it’s almost always against the law. Many landlords believe that if a tenant fails to pay rent or breaks the lease, they can simply change the locks or remove the tenant’s belongings. But in nearly every state, the law is clear: tenants can call the police, and the landlord could face fines, lawsuits, or even criminal charges.
This in-depth guide explains what happens when a landlord locks out a tenant, why police often get involved, and how to handle tenant disputes the right way. You’ll learn about tenant and landlord rights, the legal eviction process, state law differences, real case examples, and best practices to protect your rental business.
What Is an Illegal Lockout or Self-Help Eviction?
An illegal lockout occurs when a landlord tries to force a tenant out without using the court system. Common examples include:
- Changing the locks or blocking entry doors
- Shutting off utilities (water, electricity, gas, heat)
- Removing or destroying the tenant’s personal property
- Harassing or threatening the tenant to make them leave
These actions are almost always illegal, regardless of the reason. Even if a tenant is behind on rent or violating the lease, landlords must follow the legal eviction process.
Why is this such a big deal? The law protects tenants’ right to live in the property until a judge orders them to leave. Skipping the court process exposes landlords to serious legal and financial consequences.
What Should Tenants Do If Locked Out?
Tenants who find themselves locked out should:
- Stay calm—do not break in or escalate the situation
- Document the lockout (photos, videos, texts, witness statements)
- Call the non-emergency police line and explain what happened
- Show proof of tenancy (lease, rent receipts, mail, ID)
- Request a police report for their records
In many cities, police will intervene and order the landlord to restore access. In some states, officers may even arrest landlords for illegal eviction.
The Legal Eviction Process: How It Should Work
Landlords must always use the court system to remove a tenant—even if the tenant is months behind on rent or has damaged the property. The legal eviction process typically involves:
- Providing written notice to the tenant (for nonpayment, lease violations, or end of lease)
- Filing an eviction lawsuit if the tenant does not move out after notice
- Attending a court hearing
- Obtaining a court order for eviction if the judge rules in the landlord’s favor
- Having law enforcement (sheriff or constable) carry out the eviction if needed
Landlords who skip these steps and act on their own risk major penalties.
Police Involvement: What Happens When Tenants Call the Police?
When a tenant calls the police after being locked out, officers typically arrive to assess the situation. Most police departments treat illegal lockouts as civil matters, but many states and cities empower police to help tenants regain access immediately. Officers may:
- Request proof of tenancy from the tenant (lease, ID, mail, rent receipts)
- Ask the landlord to explain why the lockout occurred
- Order the landlord to restore access or provide a new key
- Issue a police report, which tenants can use in court
- In some states, arrest the landlord or issue citations for illegal eviction
If the landlord refuses to comply, police may escalate the matter and remind landlords that only a sheriff or court officer can remove a tenant after a court order.
State Law Variations: How Rules Differ Across the U.S.
While nearly all states prohibit self-help evictions, the penalties and procedures vary. For example:
- Florida: Landlords who lock out tenants can be sued for three months’ rent or actual damages, whichever is greater, plus court costs and attorney’s fees.
- California: Illegal lockouts are a criminal offense. Tenants can sue for damages and landlords may face fines or jail time.
- New York: Landlords can be fined and tenants may be awarded damages for illegal eviction. Police often intervene to restore possession.
- Texas: Landlords must provide written notice and a new key within 2 hours if they change the locks (for nonpayment) but cannot permanently lock out a tenant without a court order.
Always check your state and local laws for specific rules and penalties.
Consequences for Landlords: Legal and Financial Risks
Landlords who lock out tenants without a court order face serious consequences, including:
- Police intervention and possible arrest or citation
- Civil lawsuits for damages (lost property, hotel costs, emotional distress, punitive damages)
- Payment of the tenant’s legal fees
- Loss of rental licenses or ability to rent in the future
- Damage to reputation and negative publicity
In some cases, courts award tenants triple damages or statutory penalties, making illegal lockouts extremely costly.
Tenant Remedies: What Tenants Can Do If Locked Out
Tenants who are locked out illegally can:
- Call the police and request access be restored
- File a lawsuit against the landlord for damages
- Request an emergency court order to regain possession
- Seek compensation for lost property, hotel expenses, and emotional distress
- File complaints with local housing authorities or regulatory agencies
Tenants should always document the situation and keep copies of all communications and police reports.
Best Practices for Landlords
- Never take eviction into your own hands—use the court system
- Communicate clearly and document all issues with tenants
- Provide proper written notice before starting the eviction process
- Consult local landlord-tenant laws or an attorney before taking action
- Respond promptly to tenant concerns to avoid escalation
Common Mistakes Landlords Make
- Changing locks or shutting off utilities without a court order
- Removing tenant belongings or harassing tenants to force them out
- Failing to document communications and notices
- Ignoring state and local eviction laws
- Letting frustration override legal requirements
Quick Reference Cheat Sheet: Illegal Lockouts
– Locking out tenants without a court order is almost always illegal
– Tenants can (and should) call the police if locked out
– Landlords face fines, lawsuits, and even criminal penalties
– Always use the legal eviction process—never self-help
– Document everything to protect your rights
AAOL Call to Action
Protect yourself from costly legal mistakes—get the resources, legal templates, and expert guidance you need from the American Association of Landlords (AAOL). Join AAOL today at aaol.org for compliance tools, landlord support, and peace of mind.
This article is for informational purposes only and does not constitute legal advice. Always check your state laws and consult a qualified attorney for specific guidance.
