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Illegal evictions: Know your rights

On Behalf of | Jun 2, 2023 | Landlord/Tenant Matters |

Being illegally evicted from your home can be an incredibly distressing experience, especially if you don’t have alternative housing. Fortunately, the law protects you from illegal evictions and allows you to recover damages. Here is what you need to do when this happens.

First, it helps to understand what constitutes an illegal eviction in New York. An eviction becomes unlawful when a landlord forcibly removes a tenant without following due process. It could involve changing locks, shutting off utilities or using intimidation tactics to coerce the tenant to leave.

It is important to note that even if your landlord has valid reasons to evict you, such as defaulting on rent or violating the terms of your lease, they must still go through the legal eviction process. You have the right to remain in your home until a court order is issued, to be properly notified of the eviction proceedings and to present your case before a judge.

Protect your interests

If your landlord has illegally evicted you, document everything related to the eviction. This includes any communication with your landlord, photos of the property and witnesses who can support your claim. This evidence can be crucial in your case.

Next, you should explore and understand your legal options. For instance, you can file a lawsuit against your landlord, seeking compensation for any financial losses, emotional distress or other damages caused by the illegal eviction.

Illegal eviction lawsuits can be complex and intricate due to the various legal aspects involved. Navigating the legal system, understanding your rights and gathering sufficient evidence can be overwhelming. Seeking legal guidance will help you handle the complexities of the case and increase your chances of obtaining a favorable outcome.