Illegally Locked Out Of Apartment

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I was NEVER given an Eviction Notice/Paperwork by Landlord. There are no eviction proceedings against me at the 6th District Court in Patchogue & the Sheriff's Department do not have anything indicating anything was, filed or granted favorable to Landlord. Is what she did by changing the locks, considered "self-help?" But my main question I would like answered, is: Can I call a locksmith to remove the "lockout lock" & install new for me, so I can gain regain entry to my apartment??I have no idea if she threw out my possessions. Circumstances are not at issue as to what the reason she did the lockout, it's that she did it ILLEGALLY & evaded the legal process.

Attorney Answers

3
Eric Rothstein ·
You likely have to file in court to gain repossession of the apartment. You can also sue for unlawful eviction.
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Bruno Bianchi ·
You should not use self help to restore yourself to possession of the apartment if you were locked out. You should only do so after obtaining a court order. You should go to the clerk's office at the District Court tomorrow morning and advise the clerk that you have been illegally locked out of your apartment. The clerk should be able to provide you with the paperwork necessary to start an illegal eviction proceeding to try to be restored to possession. While you can bring a case of this type on your own, it is best to retain an attorney to represent you in this matter if at all possible.
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Steven Smollens ·
Dear Centereach Tenant: I recall your earlier question. I gather that for the time you were away from the home when your landlord threatened you and said demanded the landlord use a legal eviction, that you paid the rent, and otherwise complied with your tenancy obligations. Your lease will help establish your current tenancy claim. Your apartment may have a new tenant. You should not break in. Breaking in is a crime. Go to court and obtain a court order to compel the landlord restore possession to you.
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