Understanding Lockout: What is an Illegal Lockout?

An attempt to illegally evict a tenant is called a "lockout." A landlord cannot use force to lock a tenant out of their rental unit without going through the proper legal eviction process. The landlord can NOT: 

  • Change, remove, or add locks;
  • Remove or block doors and windows;
  • Remove appliances or fixtures;
  • Cut off utility services like electricity, gas, heat, and water;
  • Remove personal property;
  • Cause injury to to the tenant or tenant's property;
  • Threaten to do any of the above.

Although the landlord is the owner of the property, a tenant has legal possession of the apartment. A landlord cannot remove a tenant from the rental or from prevent the tenant's use of it without an eviction order. Even the United States Supreme Court has said that a tenant can only be forced out after an eviction order. Soldal v. Cook County, Illinois, 506 U.S. 56, 58 (1992).

If the landlord wants to evict a tenant, s/he must terminate the tenancy by serving a proper notice, wait the time period of the notice, start an eviction case, and obtain a judgment after trial. Only after the whole process, the landlord can have the Sheriff remove a tenant from the premise. 

If experiencing a lockout, then visit this link.

The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney

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