Can My Landlord Lock Me Out?

Can my landlord change the locks on my home?

NO, not without a court order. When you rent a home, you have the right to possession of the entire residence. It is illegal for your landlord to keep you out of the home by locking you out. The only time the landlord can lock you out is if you have been evicted and removed by the sheriff.

What should I do if my landlord locks me out illegally?

If you have not been evicted and the landlord locks you out, you should:

• Contact your landlord and find out why you were locked out. If possible, try to work out some arrangement with the landlord.
• Sue the landlord in small claims court for possession and money damages. (Additional information on how to file a case in small claims court is also available from Legal Aid Services of Oklahoma, Inc.)

When is it okay for the landlord to lock me out?

A landlord may change the locks on your home if you are evicted, but your landlord must still follow the law. 

Your landlord must:

• Give you a notice to pay rent or to move (depending on your situation).
• Go to court and get an eviction. You should receieve a notice telling you when to be in court. Go to this court hearing!
• The sheriff serves you with a court order (called a WRIT). 
• The sheriff will return 48 hours after serving you with the court order to change the locks and take possession of the home.

If the landlord follows these steps, then he/she can change your locks.

What should I do if my landlord legally locks me out, but my belongings are still in my home?

What you do will depend on whether or not you owe the landlord money. If you do not owe the landlord money, and you were unable to get all of your property before the landlord changed the locks, the landlord has two options.

• Your landlord has the right to decide if the items left have value or not.
• The landlord must provide you with a notice if you have left items that may be of value. This notice gives you at least 15 days to come and get the property.
• If you do not come and get the property within 15 days after receiving the notice from your landlord, they can hold a public sale and dispose of it.
• If you do come and get your property, the landlord can charge you for storing the property, plus court costs.
• Some property cannot be kept by the landlord, but you MUST let them know. Some of those things are listed below.

What if I do owe the landlord money when they lock me out?

The landlord can place a hold on your property until you pay the money you owe, but only if you owe rent, court costs, and attorney fees. This is called a landlord’s lien. The landlord may give you a certain number of days to pay the money and get your property back. If you do not pay, then they will more than likely sell the property for the money. If your landlord tells you they are holding your property until you pay, you should:

• Ask your landlord, in writing, to return your property. Please be aware that your landlord may not have to return any of your property.
• If the landlord refuses: try to make an arrangement with the landlord where they only keep some of your property, like a TV or stereo, while you make payments.
• If the landlord still refuses to give you anything, you may have to sue the landlord in Small Claims Court to recover your property. By law, the landlord is only allowed to keep enough property to pay offthe debt you owe, but no more than that.

Also, there are some types of property that the landlord may not be able to place a landlord’s lien on, such as tools, musical instruments or books; tools of a trade or profession; family pictures and photographs; personal papers like birth certificates and a marriage license; clothing; prosthetic or orthopedic devices; hearing aids; eyeglasses; false teeth; refrigerators, washing machines and so forth. 

It is always a good idea to remove these items first if you are evicted, just to be on the safe side.