Skip to main content

If a tenant has a month to month lease and is given 2 months notice to leave can the landlord change the locks two days later?

Brooklyn, NY |

apartment is in Brooklyn ny and landlord wants to avoid eviction process. Can the landlord legally change the locks for non payment of rent after that date?

Attorney Answers 5

Posted

No the landlord can not change the locks or take any other type of self help action to evict you. If he does he is liable for damages.

This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.

Mark as helpful

5 lawyers agree

Posted

Absolutely not. Your 2-month notice may not even be legally sufficient to serve as notice. You need to speak with an attorney to be sure you've properly commenced the eviction.

Next, even assuming (for the point of argument) that your notice was sufficient, the next step would be purchasing an index number and serving the tenant with a notice and petition. Then the fun begins.

Either way, you are a few months away from changing the locks. Do not do that!

(1) I may be guessing. Do not act or rely upon this info; (2) We have not established an attorney-client relationship; and (3) If you insist I tell you something upon which you can actually rely: don't eat yellow snow.

Mark as helpful

1 found this helpful

5 lawyers agree

Posted

I agree with the previous answer and self help eviction is subject to sanctions in every jurisdiction.
Good Luck

Please be sure to indicate the best answer. If this answer was helpful, please mark as helpful below. Only. If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes

Mark as helpful

4 lawyers agree

Posted

Unless the landlord receives a written surrender and delivery of the keys, it is imperative to obtain legal possession of the apartment from the tenant by starting a proceeding, obtaining a judgment and warrant of eviction and then having a marshal recover possession for the landlord. Locking tenants out without legal process is usually an illegal eviction and the tenant could seek treble damages and legal fees. n owner should consult an attorney in all instances where she believes a tenant may have surrendered possession.

Mark as helpful

5 lawyers agree

Posted

As everyone else has stated, the landlord may not engage in a self help eviction; a court proceeding must be commenced against you, and a warrant of eviction must issue, and then only a City Marshal can perform a legal eviction.

Mark as helpful

5 lawyers agree

Landlord-tenant topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics