This toolkit tells you what you need to know if you think you have been illegally evicted. It is illegal for your landlord to evict you without first going to court and getting an eviction order. Without an eviction order, your landlord can’t do anything that prevents you from having access to your home. If your landlord gets an eviction order, only a sheriff, a sheriff’s deputy, or a court bailiff can physically remove you and your belongings from your home.
For general information about what to do if you think you have been illegally evicted, read the Articles. Read the Common Questions if you have a specific question.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
It is illegal for your landlord to evict you without first going to court and getting an eviction order. Your landlord can’t do anything that prevents you from having access to your home without an eviction order. If your landlord gets an eviction order, a sheriff, sheriff’s deputy, or court official must be present before you or your belongings can be physically removed from your home.
If your landlord does anything to remove you from your home or keep you out of your home without an eviction order, you can sue your landlord. If the judge rules in your favor, you may be able to stay in your home or regain possession of it, and recover your actual damages or $200, whichever is more. If your landlord uses force to remove you or keep you out, you may be entitled to three times your actual damages.
Your landlord must have a court order to legally evict you. Your landlord cannot evict you without going to court and getting an eviction order first. If your landlord does anything without an eviction order that prevents you from having access to your home, is could be an illegal eviction. After a judge signs the order, only a sheriff or court bailiff can physically remove you or your property from the home.
Your landlord must give you notice of the eviction. The time your landlord must give you before starting an eviction case in court depends on the reason for eviction. Read the article Eviction: What Is It and How Does It Start? to learn more about the eviction process.
You may want to call your local police department and ask them to tell your landlord to let you back in. If the police think you have been evicted illegally, they may tell your landlord to let you re-enter the home. They may also tell your landlord to bring an eviction case in court.