Fight Landlords Blog

What Proof or Evidence Do I Need to Dispute a Wrongful Eviction in NY?

By FightLandlords
What Proof or Evidence Do I Need to Dispute a Wrongful Eviction in NY?

When your landlord locks you out, shuts off utilities, or removes your belongings without a court order, they haven't just violated your rights—they've committed a crime. And proving it requires specific evidence that transforms their illegal actions into documented violations worth thousands of dollars in your favor.

Understanding what evidence you need and how to gather it is what separates tenants who stay locked out from those who get restored to their homes and collect significant damages for the violation.

What Makes an Eviction "Wrongful" Under New York Law

New York's Real Property Actions and Proceedings Law (RPAPL) §768 makes self-help evictions illegal—and classifies them as a class A misdemeanor. This isn't a civil violation; it's a criminal act when your landlord bypasses the court system.

Illegal eviction methods include:

Who's protected:

Your landlord doesn't get to decide you need to leave and make it happen—only a court can order your eviction, and only a marshal can enforce that order. Everything else is illegal, regardless of whether you owe rent or violated your lease.

Proof of Lawful Occupancy: Establishing Your Right to Be There

The first element you need to prove is that you had the legal right to occupy the apartment. This establishes that your landlord couldn't just decide you don't belong there.

Written lease (strongest proof):

Oral lease documentation:

Rent payment records:

Residency evidence:

The 30-day rule: Even without a formal lease, living somewhere continuously for 30+ days with the owner's knowledge establishes legal occupancy. Your mail and utility bills dated back 30+ days prove this timeline.

You don't need every item on this list—any combination that demonstrates you lived there with permission and paid to be there establishes your lawful occupancy.

Evidence of the Wrongful Eviction: Documenting the Illegal Acts

Once you've established you had the right to be there, you need proof your landlord removed you without court process. This evidence proves the violation and determines your damage recovery.

Changed locks documentation:

Removed belongings evidence:

Utility shutoff proof:

Physical damage documentation:

Communications showing intent:

Witness statements:

The more documentation you have, the stronger your case becomes—but even one clear piece of evidence (like a photo of changed locks plus your old key not working) can prove the violation.

Police Reports: Creating an Official Record That Strengthens Everything

The moment you discover you've been locked out or your utilities shut off, call 911. This isn't just about getting restored to your apartment—it's about creating an official police report that becomes powerful evidence in court.

When calling police, specifically state:

What police should do:

If police are unhelpful:

Police reports serve multiple purposes: they create official documentation, they often prompt immediate restoration when landlords realize police know about the violation, and they provide criminal evidence supporting your civil case for damages.

Timeline Documentation: Proving When Everything Happened

Courts care about sequence and timing. Creating a detailed timeline of events strengthens your case by showing exactly how the illegal eviction unfolded.

What to document chronologically:

Before the lockout:

Day of lockout:

After the lockout:

This timeline becomes the framework for your case narrative and helps calculate damages based on number of days you were locked out.

Step 1: Call Police for Immediate Restoration

Your first priority is getting back into your apartment. Police have the authority to require landlords to restore access when presented with proof of an illegal eviction.

Preparation before calling:

What to say to responding officers:

If police restore access:

If police won't force restoration:

Even when police don't force immediate restoration, the police report creates official documentation proving you reported the illegal eviction immediately—crucial evidence for your civil case.

Step 2: Send Written Demand for Restoration

Follow your police report with a formal written demand to your landlord. This creates additional documentation and gives your landlord one clear opportunity to restore you before you pursue damages.

Your demand letter must include:

Send via multiple methods:

Keep all evidence of sending:

This demand letter serves multiple purposes: it demonstrates you attempted to resolve this before court, it puts your landlord on notice of the specific damages mounting, and it shows you understand the law and will enforce it.

Step 3: File in Housing Court or Small Claims for Maximum Recovery

When your landlord doesn't immediately restore you, courts become your most powerful tool for both getting back in and collecting significant damages for the violation.

Where to file:

Housing Court (preferred for eviction disputes):

Small Claims Court (accessible statewide):

What you can recover:

1. Triple damages under RPAPL §768:

2. Punitive damages:

3. Actual costs:

4. Attorney fees:

Example calculation:

A landlord trying to avoid a court eviction process ends up paying far more than following the law would have cost.

What to Bring to Court

Your hearing is where all your evidence comes together to prove both the violation and your damages.

Essential documents:

Organize chronologically:

Prepare to explain:

Judges see illegal eviction cases regularly and know the law. When you present organized evidence proving your occupancy and the lockout, you're not arguing—you're proving a straightforward violation.

Special Considerations for Different Occupancy Types

Your evidence needs may vary slightly based on your specific occupancy situation, but RPAPL §768 protections apply regardless.

Formal lease holders:

Month-to-month tenants:

30+ day occupants without formal lease:

Roommates or subtenants:

Why Landlords Risk Criminal Charges for Illegal Evictions

Understanding landlord motivations helps you anticipate their defenses and counter them.

Common reasons landlords bypass courts:

None of these reasons make illegal eviction legal. Courts don't care why your landlord locked you out—only whether they had a court order authorizing it.

Your Landlord's Likely Defenses (And How to Counter Them)

Landlords caught in illegal evictions typically raise predictable defenses. Knowing these in advance helps you prepare counter-evidence.

"You weren't a legal tenant"

"You abandoned the apartment"

"I didn't change the locks / shut utilities"

"You owed rent so I had the right"

"The locks were broken / utilities failed naturally"

Prepare your evidence to specifically counter these predictable defenses before your hearing.

The Impact Beyond Just Getting Back In

Illegal evictions cause damage far beyond the immediate lockout. Documenting this impact increases your damage recovery.

Economic damages:

Personal damages:

Courts recognize that illegal evictions don't just inconvenience tenants—they cause significant life disruption worthy of substantial damages.

After You Win: Collecting Your Judgment

Winning in court is one thing—collecting the money your landlord owes is another. New York provides enforcement mechanisms when landlords don't pay judgments.

Collection tools:

Most landlords pay rather than face these enforcement actions, but knowing these tools exist and mentioning them in your demand letter shows you'll pursue full collection.

Why Your Case Matters Beyond Your Situation

When you enforce your rights against an illegal eviction, you're not just recovering your own damages—you're preventing your landlord from doing this to other tenants.

Your action creates:

Landlords who face no consequences for illegal evictions continue the practice. Your enforcement helps stop that cycle.

Document Now, Before Evidence Disappears

Evidence of illegal eviction has a short window of availability. New locks get replaced again, utilities get turned back on, time makes photos less credible.

Act immediately to preserve:

The difference between winning with triple damages and losing your case often comes down to how quickly and thoroughly you documented the violation when it occurred.

Your Landlord Made an Expensive Mistake

When your landlord locked you out without a court order, they transformed what could have been a legal eviction into a criminal act that costs them thousands in damages and potentially jeopardizes their ability to rent property.

You're not being difficult by pursuing restoration and damages—you're enforcing laws that exist specifically to prevent landlords from using intimidation and illegal force to remove tenants.

Gather your evidence showing lawful occupancy. Document the illegal lockout thoroughly. Call police immediately. Send your written demand. File in court for triple damages. The law is clear, the process is straightforward, and judges consistently rule against landlords who bypass the court system to evict tenants.

Find out if you have a case in 30 seconds →