How to Stop a Lock Out Eviction

A lock out eviction is illegal in most states.

A landlord may begin eviction procedures if a tenant fails to pay the rent, or if a tenant violates the stated terms of the lease agreement. Depending on the laws of the tenant's state, a lock out eviction may be illegal. For example, in California a tenant can collect damages from the landlord, if the landlord locks the tenant out of a residence. However, a landlord can lock out a tenant after the landlord has received a judgment in the landlord's favor and the requisite time for the tenant to vacate the property has elapsed.

Instructions

1. Speak with an attorney about the lock out eviction. Include details about the procedure the landlord followed that resulted in the lock out. Depending on the state, the procedure for an eviction may vary. Bring a copy of all notices and letters you have received from the landlord with you to the meeting. If you cannot afford an attorney, many courts have self-help centers with resources to help you file a complaint for injunctive relief.

2. File a verified complaint for injunctive relief. An injunction prevents a party from doing some act. In this instance, an injunction would prevent the landlord from locking the tenant out of the residence. In addition, the tenant may also need to file a temporary restraining order. A temporary restraining order allows the tenant the ability to get back into the property before the court can hear the request for a permanent injunction.

3. Request the court award damages in addition to the injunctive relief. Many states assess a daily fee against a landlord for locking a tenant out of a residence. In addition, the tenant may be able to recover damages to reimburse the tenant for expenses related to finding a place to stay during the lock out.

4. Attend the hearing to determine whether the court will grant injunctive relief and damages. Provide all evidence to support the claim that the tenant faced a lock out from the residence, and the resulting harm.

References

• Michigan Legal Aid: Eviction
• Nolo: Don't Lock Out or Freeze Out a Tenant---It's Illegal
• Illinois Legal Advocate: Eviction Court Bench Book