Tenants' Rights: Lockouts

Tenants' Rights: Lockouts
June 2008

Can my landlord lock me out of my apartment?
What should I do if I'm locked out?
Can I regain entry by myself?
Can I have my landlord arrested?
Can I be arrested for regaining entry?
What can I do if the police don't help me?
Do I need a lawyer to bring a case against my landlord?
How do I bring a lockout case against my landlord?
What happens at the hearing?
Sample Form - "Verified Lockout Complaint and Application for Temporary Injunction"
For more information

Can my landlord lock me out of my apartment?

NO. Lockouts are illegal. It is against the law for a landlord or any other person to change the lock on your apartment or room, withhold your belongings, or in any way interfere with your rights to use and enjoy your apartment. However, your landlord may have the right to lock you out if you have not lived in the apartment for a period of time and it can be claimed that you have abandoned the apartment. If you know that you will be away for any significant amount of time, notify the landlord in writing (including when you expect to return) and keep a copy of the letter. There is law which states what specific amount of time is necessary for a claim of abandonment. The only way you can be removed from your apartment is by either your landlord bringing and winning an eviction action in court or by a foreclosure where you are named as a tenant in the foreclosure and the court has ordered the foreclosure.

What if I do not pay my rent?

Your landlord cannot take the law into his or her own hands, even if you have not paid your rent . If the landlord wants you out of the apartment, he or she must begin an eviction action in court. Your landlord cannot just lock you out. He or she cannot lock up or hold on to your possessions. If your landlord wants back rent he or she claims you owe, he or she can sue.

What should I do if I am locked out?

Contact the police at once. A lockout is a crime.(Connecticut General Statues sec. 53a-214.) The police should call your landlord and order him or her to let you back into your apartment. If the landlord refuses, you can demand that the police arrest your landlord. Be prepared to show the police proof that it's your apartment, such as a cancelled rent check, a rent receipt, or even a utility bill with your name and address on it.

Can I regain entry by myself?

Before you try to regain entry, contact the police and give them a reasonable time to get in touch with your landlord. If the police cannot find your landlord and persuade him or her to let you back in, you should let the police know you plan to re-enter. If you can regain entry simply and peaceably you may do so.

You can even break a window or pry off a padlock if necessary. You should not cause any unnecessary damage. You should not get into a physical fight with your landlord. If you expect trouble from your landlord, ask the police to be present when you go back in. The police have a duty to prevent a breach of peace. They must stop your landlord from getting in your way.

Can I have my landlord arrested?

A lockout is a crime, and a landlord who refuses to let a tenant back in should certainly be arrested. If your landlord has let you back in, the police may try to talk you out of filing a complaint. However, you have a right to file a complaint with the police. Whether your landlord is actually prosecuted will probably depend upon how quickly he or she lets you back in, and whether he or she has done a lockout before.

Can I be arrested for regaining entry?

You should not be arrested unless you have committed a breach of the peace or caused unnecessary damage to the landlord's property. If you have contacted the police before regaining entry, they should have enough information to know that you have not broken the law.

If the landlord files a complaint against you, an arrest warrant may have been issued. If so, you should cooperate with the police and they will usually release you on your promise to appear in court. You should also contact a lawyer at once.

What can I do if the police don't help me?

If the police have not helped you get back into your apartment, or get back any property that your landlord has taken from your apartment, you can sue your landlord.

You first need to decide what kind of lawsuit you want to file. If you need the court to order your landlord to let you back into your apartment and/or to return your property to you, you can bring a "lockout" case against your landlord (also called an "entry and detainer" case). If you just want to sue your landlord for money for property he or she took that you cannot get back, or for damage to your property, you can file the case in small claims courts for up to $5,000 (See Legal Aid's pamphlet, Small Claims Court). Or, you can do both. (If you think the landlord owes you much more than $5,000, you should see a lawyer! The law says a landlord automatically owes at least one month's rent just for entering the apartment without permission.)

How can I get the landlord to pay me money?

You can sue for money, either as part of a lockout case or as a case in Small claims court or in the regular Superior Court. If you sue in Small Claims Court, the most you can win is $5,000. (See Legal Aid's pamphlet: Small Claims Court.)

Do I need a lawyer to bring a lockout or small claims case against my landlord?

No, but it is a good idea to consult a lawyer about your case. If Legal Aid cannot take your case, you may be able to convince a lawyer to handle your case without charging you a fee. If you win, your landlord may have to pay your attorney's fees. But if you cannot find a lawyer to represent you, you can bring a lockout case, or a small claims case, on your own.

How do I bring a lockout case against my landlord?

The clerk's office of the housing court has forms you can fill out to bring a lockout case. Or visit the judicial web site: www.jud.ct.gov . The clerks must help you fill out the 3 forms.

The first form, called the "Verified Lockout Complaint and Application for Temporary Injunction" (form JD-HM-24) is where you describe what your landlord did, such as changing your lock or taking your property. It is also how you ask the judge what you want him/her to order your landlord to do. The judge can order your landlord to let you back into the apartment and give you back your property. See the Sample Form below, which you can use to help you fill out your form.
The second form, called a "Summons, Ex-Parte Injunction and Order to Show Cause," will be filled out by the judge and the clerk after the judge reads your complaint. The "summons" orders your landlord to come to court for a hearing within 8 days of when the judge signs the order. You must also go to court on that date. If you have special circumstances, the judge may order the landlord to let you back into your apartment immediately, even before the hearing.
The third form, called "Order for Injunction," is filled out by the judge after the hearing on your case. The judge writes down his or her final orders in the case on this form.

After you fill out the forms and swear to the truth of what you have written, find a marshal (formerly called sheriff) to serve the papers on your landlord. Ask the court clerk for help in finding a marshal.

Do I have to pay to bring a lockout case?

The fee to file a lockout case is $120; the marshal's fee is about $35-$60 to serve the papers. If you cannot afford to pay the court and marshal's fees, you may ask the clerk for an "application for waiver of fees." If the judge reads your application and agrees that you cannot afford the fees, you will not have to pay to file your case, and the state will pay the marshal for serving the papers.

What happens at the hearing?

When you go to court for your hearing, the judge will probably have you and your landlord meet with a HOUSING SPECIALIST. A Housing Specialist works at the court and tries to help landlords and tenants resolve their disputes or differences. If you cannot reach an agreement with your landlord with the help of the Housing Specialist, you can "take your case" to the judge.

Taking your case to the judge means that you must appear in court and present your case to the judge. This is your chance to show the judge what your landlord has done. Bring any witnesses or evidence that will support you. Bring with you any documents that can prove that you lived at the apartment such as a lease, rent receipts, rent checks or bills and letters addressed to you. If you have a witness who will not come to court voluntarily, the clerk can issue a subpoena ordering the witness to come to the court for the hearing. You must request the subpoena from the clerk at least 2 days before the hearing.

Your landlord also has the right to tell the judge his or her side of the story. The judge will give both of you, and your witnesses, a chance to testify before ruling on your case. If the judge believes the evidence you have presented, the judge can order the landlord to let you back into your apartment and not lock you out again. The judge can also order the landlord to return your property to you and can make any other order that is appropriate for your situation.

Sample Form:

Verified Lockout Complaint and Application for Temporary Injunction (PDF)

Blank JD-HM-24 form Verified Lockout Complaint and Application for Temporary Injunction on the CT State Judicial Department's website.

For more information

Statewide Legal Services: (860) 344-0380 (Central CT & Middletown) or 1-800-453-3320 (All other regions)

This pamphlet was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this pamphlet is based on the laws in CT as of June 2008. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.