Eviction

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Our Rights

Once you’ve lived somewhere for 30 days, whether you have a lease or not, landlords cannot evict you without going to court multiple times — and they’re legally required to give you specific paperwork before and after each time in order to proceed. If you’re not receiving the court paperwork, they’re nowhere close to evicting you. In our experience, MOST of the time a landlord says they’re evicting you, they’re lying. The real process is expensive for landlords and takes multiple months, so they don’t like to do it.

Illegal Eviction Threats and Acts

Trying to evict you without going through the proper court process is illegal. According to Real Property Law section 768, it is a Class A Misdemeanor carrying fines of $1,000-$10,000 per attempt for a landlord to do or even threaten any of the following:

  • Forcibly removing you or your belongings from the apartment

  • Intentionally interfere with your right to comfortable and peaceful living by using harassment to pressure you into leaving (for more, see our Landlord Entry & Harassment section)

  • Change your locks or remove your door

  • Turn off your utilities (including water, heat, electricity, garbage pickup or sewer)

We cannot overstate how important it is to know it’s illegal to even threaten any of these things.

When Your Landlord Violates Eviction Law

If you believe there is an imminent physical threat of eviction, get in contact with your neighbors and/or your local tenants organization — Ithaca residents can contact ITU’s Organizing Help Line. We can provide information, and show up for physical protection and de-escalation.

ORGANIZE!

  • Working together is far more effective than working alone! Meet with, leave letters for, or otherwise contact your neighbors to see if they are facing similar problems — more often than not, a landlord will act abusively towards many tenants. If your neighbors are not facing similar problems, it is possible the landlord is discriminating against you.

  • Contact your local tenants organization to get connected to other tenants who share the same landlord, meet experienced organizers who can answer questions about rights and organizing, and distribute the work of winning the safety, funds, and dignity you deserve. Ithaca residents can contact ITU's Organizing Help Line.

  • Lay out your options for creating leverage against the landlord together with your neighbors or other ITU tenants, like reporting them to inspectors, withholding rent, or publicly shaming them.

  • Meet with, leave letters for, or otherwise contact your neighbors to see if they are facing similar problems. More often than not, a landlord will act abusively towards many tenants. If your neighbors are not facing similar problems, it is possible the landlord is discriminating against you.

SHOULD YOU CALL THE POLICE ON LANDLORDS WHO VIOLATE EVICTION LAW?

We do not encourage tenants to call the police in illegal eviction scenarios, especially since they can commit uncalled for violence at their own discretion. Almost always, police officers will take the side of property owners instead of tenants. The police listen to the people who can afford to fight them in court, and rarely do they take the concerns of poor people seriously.

That said, your landlord may call them to try to help evict you, or you may feel you have no other option but to call 911. If cops do show up and you are told, "Sorry, illegal eviction issues are a civil matter," don't give up! Tell them it is a class A misdemeanor for any person to try to illegally evict a tenant under Real Property Law Section 768. A landlord may also be liable for civil penalties in addition to the criminal charges.

If the officer refuses to pursue the matter, ask for their name and badge number. Then ask to speak to the officer's supervisor. This can help convince an officer to act, because it may look bad for them if you do pursue a case against your landlord and they’re found to have not acted when witnessing an illegal eviction attempt.

OTHER THINGS YOU CAN DO

  • Eviction blockaders can physically prevent landlords or others from moving furniture out of an apartment or entering to facilitate an illegal eviction. Ithaca residents can contact ITU’s Organizing Help Line to get help with this. Blockaders must do whatever you are comfortable with as a tenant, no more or less.

  • If you live in or near Ithaca, contact the Tenants Legal Hotline to receive free legal help. If you live elsewhere upstate, you should contact Legal Assistance of Western NY. You also might be able to get "triple damages" for any losses or costs caused by the illegal eviction. You should keep proof of expenses that you had because of the illegal eviction. If you cannot get a lawyer to help you, you can sue your landlord in Small Claims Court. You should know that the amount you can win there is limited.

This guide is a living document, and may be subject to change. It contains general information on your rights as a tenant in upstate New York, and is not a replacement for legal advice from an attorney. To get specific legal advice or representation in court, Tompkins County residents can speak to the Tenants Legal Hotline. Other upstate residents can contact LAW NY.