Unlawful Eviction Claims: Legal Standards and Consequences

Lawful possession is established the moment a person occupies a property with the owner's consent, typically through a lease. However, even without a written agreement, a person who has resided in a unit for a specific duration (often 30 days) acquires the legal status of a tenant. Once this status is achieved, their right to occupy the space is protected by state and municipal statutes. This status remains in effect until a warrant of eviction is signed and served.

The primary distinction lies in the concept of "due process." A lawful eviction involves a specific sequence: a notice to quit, a summons and complaint, a court hearing, and a marshal's notice. Courts treat interference with lawful possession as unlawful eviction when statutory eviction procedures are not followed. An eviction is not a private act of the landlord; it is a public act of the state.

The most direct form of interference with possession is the lockout. This occurs when a landlord changes the cylinders or adds a padlock to the tenant's entrance without a court-ordered warrant. Even if the tenant is thousands of dollars in arrears, the act of denying them physical access to their residence or place of business is a per se violation of the law.

Subtle forms of unlawful eviction involve the termination of essential services.

• Utility Shutoffs: Cutting off heat, water, electricity, or gas.
• Structural Interference: Removing the front door, taking out windows, or intentionally starting disruptive construction projects that render the space uninhabitable.
• Property Removal: Taking the tenant's personal belongings and placing them on the street or in an undisclosed storage location.

Self-help eviction refers to any extrajudicial attempt to regain possession. In almost every jurisdiction in 2026, these actions are prohibited. The law assumes that a landlord, as a business entity, has the resources to use the court system. When a landlord takes matters into their own hands, they bypass the evidentiary standards of the court, leading to a presumption of illegality.

A landlord may have a perfectly valid reason for eviction—such as a terminal breach of the lease. However, the reason does not grant the authority. Without a "Judgment of Possession" and a "Warrant of Eviction," the landlord has no more right to remove a tenant than a stranger would. Any displacement occurring without the oversight of a judge is a high-risk event that triggers statutory damages.

In unlawful eviction cases, courts focus on whether the landlord bypassed required legal procedures and deprived the tenant of possession. The judge will perform a forensic audit of the landlord's "paper trail."

• Was a valid "Notice to Quit" served?
• Was a "Petition" filed in Housing Court?
• Did a marshal or sheriff execute the removal? If the answer to any of these is "no," the eviction is procedurally compromised.

The court requires proof that the tenant's right to occupy was actually restricted. SJKP LLP assists in gathering the evidentiary "rails" needed for these claims:

• Police reports filed at the time of the lockout.
• Photographs of changed locks or boarded-up windows.
• Communication logs (texts/emails) where the landlord threatens to "throw the tenant out."
• Proof of residency (mail, utility bills) to establish lawful possession.

The most immediate remedy is a "Restoration to Possession." This is often sought through an emergency injunction lawsuit. If the court finds the tenant was illegally removed, it will issue an order forcing the landlord to provide keys and allow the tenant back in immediately—often under the supervision of the police.

Beyond getting back in, the tenant is entitled to financial recovery.

The "burn rate" of an unlawful eviction lawsuit is exceptionally high. Between the statutory damages (which can reach tens of thousands of dollars) and the requirement to pay the tenant's legal fees, a landlord can easily find themselves paying out far more than the original unpaid rent was worth. 

In some jurisdictions, unlawful eviction is not just a civil matter; it can be a misdemeanor. A landlord who repeatedly uses lockout tactics may face criminal charges or civil fines from the city. Additionally, the court may issue a permanent injunction, making any future interference with the tenant a matter of "Contempt of Court," punishable by jail time.