My Landlord Is Locking Me Out or Shutting Off Utilities. What Can I Do?

Without a court order, your landlord cannot force you out by locking you out, cutting off your utilities, or removing your belongings. These actions are illegal in Virginia, no matter what your lease says.

Is what my landlord doing illegal? 

Your landlord must go to court, win their case, and have the sheriff carry out the eviction before they can remove you. Read more about how eviction works.

Until they go through the entire eviction process in court, it is illegal for your landlord to:

• Change the locks without your knowledge or agreement
• Shut off your electricity, heat, water, or other utilities
• Remove your belongings from the home
• Block your access to the property in any other way
• Make the property unsafe for you to live there

You do not have to leave just because your landlord tells you to, sends you a notice, or files a court case. None of those things end your right to be in your home.

What should I do if my landlord locks me out or shuts off utilities?

If this is happening right now, you have a few options.

• You can call the police if you feel safe doing so. Tell them: “my landlord is illegally kicking me out in breach of the peace, without a court process.” The police may be able to step in and tell your landlord to stop.
• You should contact legal aid immediately. Call 866-LEGLAID (866-534-5243) or look for free legal aid in your area. You have legal options and the court can hear your case within days.
• You can also ask a judge to order your landlord to stop. Do this by filing a lawsuit against your landlord called a Tenant's Petition for Relief from Unlawful Exclusion. You can file this yourself without a lawyer. The process has several steps, but it is manageable if you take it one step at a time. We put together a guide that walks you through exactly what to do and what to bring: [Download: How to File a Tenant's Petition for Relief from Unlawful Exclusion]. If you can, look for legal aid before or while you file. You can file on your own, but legal help makes a difference.

Do not wait. The sooner you file, the sooner the court can act.

Before the hearing

Before you go to court, take some time to prepare. You will want to gather evidence on paper, not just on your phone. Also prepare what you want to say to the judge. Judges see a lot of cases. Coming in organized and ready to tell your story clearly can make a difference.

Read more: Going to Court: What to Expect and How to Prepare

At the hearing

You present your evidence first. Your landlord then gets to respond. If you show up and your landlord does not, the judge should award you what you’re asking the court for. The judge may set a separate date to decide on money damages.

If you win, the judge will order your landlord to let you back in, turn your utilities back on, or pay you damages. You should also ask for the statutory damages of up to $5,000 or four months' rent, whichever is more.

What if I lose the hearing?

If you lose, you have 10 days from the judgment to file an appeal and 30 days to pay the court appeal fees or get them waived by a judge.

The Circuit Court will hear your case fresh, as if it had never been decided. You can also ask for a jury trial in Circuit Court.

Contact legal aid immediately to see if they can help you.

Getting free or low-cost help

• Look for free legal aid: Visit virginialawhelp.org/get-legal-help or call 866-LEGLAID (866-534-5243).
• Ask a lawyer online for free: virginia.freelegalanswers.org.
• Contact the Virginia Lawyer Referral Service at 800-552-7977 and pay $35 for a half-hour consultation with an attorney.

Things to remember

• Your landlord cannot lock you out, cut off utilities, or remove your things without a court order and the sheriff’s office’s help.
• You do not have to leave just because your landlord tells you to.
• If you are illegally forced out, file a Tenant's Petition for Relief from Unlawful Exclusion at General District Court. You can do this yourself but should check if legal aid can help you.
• The court must hear your case within 5 days of filing.