What the law says about landlords changing locks
A landlord cannot legally change your locks while you are still a tenant, even if you have stopped paying rent or violated your lease. Changing the locks without a court order is called a self-help eviction, and it is illegal in all 50 states. The only legal way for a landlord to remove you is through an eviction case filed in court, which requires a judge's order.
The reason for this rule is straightforward: you have a legal right to quiet enjoyment of the rental property. That means you can occupy it peacefully without the landlord interfering. Locking you out—whether by changing locks, removing your belongings, or shutting off utilities—violates that right, even if you owe rent or broke the lease.
If a landlord does change the locks illegally, you can call the police for a lockout and ask them to let you back in. You can also sue the landlord for damages, which may include the cost of a locksmith, hotel stays, moving expenses, and sometimes additional money for the illegal action itself.
Key Takeaways
- A landlord must go through court to evict you and cannot change locks, remove your things, or shut off utilities on their own.
- If you are locked out illegally, call the police non-emergency line and explain that you are the tenant and the landlord has no court order.
- You can sue a landlord for damages from an illegal lockout, including locksmith fees, temporary housing, and compensation for the violation itself.
- The eviction process takes weeks or months depending on your state and whether you contest the case in court.
When a landlord can legally change locks
A landlord can change locks only after a court has ordered you evicted and the eviction is complete. In most states, this means the judge has ruled in the landlord's favor, you have exhausted any appeals, and a sheriff or constable has physically removed you from the property. Only then can the landlord change the locks without breaking the law.
In a few states, a landlord can change locks after you have abandoned the property—meaning you have left and shown no intention of returning—but even then, the landlord must follow specific steps. They usually have to send you written notice and wait a set number of days before changing the locks. Abandonment is not the same as owing rent or being behind on payments.
What to do if your landlord locks you out
If you arrive home and find the locks changed, your first step is to call the police non-emergency line (not 911 unless you feel unsafe). Tell them you are the tenant, you have not been evicted by court order, and the landlord has locked you out. Police can order the landlord to let you back in when ready or can let you in themselves so you can retrieve your belongings.
Document everything: take photos of the changed locks, get the police report number, and write down the date and time. Keep any text messages, emails, or notes from the landlord about the lockout. This evidence will help if you decide to sue.
Next, contact a local legal aid office or tenant rights organization. Many offer free or low-cost help to tenants facing illegal lockouts. They can advise you on whether to sue and what damages you might recover. Some states allow you to break the lease and move out without penalty after an illegal lockout, so ask about that option too.
The legal eviction process and timeline
If a landlord wants you out, they must file an eviction case in court. The process starts with a notice to vacate, which tells you to leave by a specific date—usually 3 to 30 days depending on your state and the reason for eviction. If you do not leave by that date, the landlord files a case in housing court or district court.
You will receive a summons and complaint, which tells you when to appear in court. You have the right to show up and defend yourself. You can argue that the eviction is illegal, that you paid rent, that the landlord failed to maintain the property, or that the notice was improper. If you win, you stay. If the landlord wins, the judge issues an eviction order.
Even after a judge orders you evicted, you do not have to leave when ready. A sheriff or constable must physically carry out the eviction, and that usually takes another week or two. Only after that official removal can the landlord change the locks legally.
Your rights during an eviction case
While an eviction case is pending, you still have the right to live in the rental. The landlord cannot lock you out, remove your belongings, or shut off heat, water, or electricity. If they do any of these things before the court order is final, it is an illegal lockout and you can call the police.
You also have the right to pay rent into the court in some states. This is called rent escrow or rent deposit. If you believe the landlord is evicting you wrongfully or if the property has serious problems, you can ask the court to let you pay rent into an account instead of to the landlord. This protects you if you win the case.
If you cannot afford a lawyer, ask the court clerk about legal aid. Many areas have tenant rights organizations that offer free information or representation in eviction cases. Some courts also have self-help centers that explain your rights and help you file a response.
State-by-state differences in lockout laws
While all states ban self-help evictions, the details vary. Some states require the landlord to give you a specific number of days' notice before filing for eviction. Others allow eviction for non-payment of rent but not for other lease violations. A few states require the landlord to offer you a chance to fix the problem before filing.
The time it takes to complete an eviction also varies widely. In some states, an uncontested eviction can be done in two to three weeks. In others, it takes two to three months. If you contest the case, it usually takes longer.
Because the rules are different in each state, contact a local legal aid office or tenant rights group to learn the specific rules where you live. They can tell you how much notice you are may have access to to, what defenses you have, and how long the process typically takes.
What happens to your belongings if you are evicted
If a sheriff carries out an eviction, they will remove you and your belongings from the property. The landlord must store your belongings in a safe place, usually at a storage facility, for a set number of days—often 30 to 60 days depending on your state. You have the right to retrieve them during that time, though you may have to pay storage fees.
If you do not retrieve your belongings before the important date, the landlord can sell them or throw them away. Some states require the landlord to try to contact you first or to give you written notice of the important date. Keep your contact information current with the court so the landlord can reach you.
Frequently Asked Questions
Can a landlord change the locks if I have not paid rent?
No. Non-payment of rent does not give a landlord the right to change locks. They must file for eviction in court. If they change the locks without a court order, it is illegal even if you owe money, and you can call the police and sue for damages.
What if the landlord says I abandoned the property?
Abandonment means you left and have no intention of returning—not that you are late on rent or away for a few days. Even if a landlord claims abandonment, they usually must send you written notice and wait 30 days or more before changing locks. If you can show you still live there or intend to, the lockout is illegal.
Can I break my lease after an illegal lockout?
Many states allow tenants to break the lease without penalty after an illegal lockout. Some require you to give the landlord written notice first. Contact a legal aid office in your state to learn your options—you may be able to move out when ready without owing future rent.
How much can I sue for if I am locked out illegally?
You can recover actual costs like locksmith fees, hotel stays, and moving expenses. You can also sue for damages for the illegal action itself, which varies by state. Some states allow you to recover one month's rent or more. A lawyer or legal aid office can estimate what you might recover based on your state's laws.
Do I have to let the landlord in to show the apartment to new tenants during an eviction?
No. During an active eviction case, you still have the right to quiet enjoyment. The landlord cannot enter without proper notice (usually 24 hours) and a legal reason. If the eviction is pending, most courts say the landlord cannot show the unit to new tenants until the case is over.