Consequences of Illegal Evictions

Use this declaration to get eviction protection during COVID-19

Find your state's laws on illegal "self-help" evictions.

Landlords in every state must follow specific rules and procedures when evicting a tenant, and must not take the law into their own hands. Examples of illegal “self-help” evictions include changing the locks, taking the tenant’s belongings, removing the front door, or turning off the heat or electricity. Many states specify how much money a tenant can sue for if the landlord has tried to illegally evict the tenant through some sort of self-help measure. Some state laws also provide for tenant's court costs and attorneys' fees (if the tenant successfully sues the landlord) and/or give the tenant the right to stay in the rental unit.

Evictions During the Coronavirus Outbreak

Many states and cities, as well as the federal government, have implemented eviction moratoriums as a result of the COVID-19 outbreak. Even if there isn't a ban, many courts across the United States have postponed hearings on non-essential matters—including hearings on eviction and landlord-tenant matters. However, most courts are still hearing eviction matters that are based on reasons other than nonpayment of rent—such as selling drugs on the property or posing a threat to other people or property.

No matter if there is an eviction ban in your area, you are still obliged to pay rent. Depending on the language of a ban, your landlord might be able to assess late fees, interest, or other penalties for not paying the rent on time. If you don't think you can pay your rent due to COVID-19 related hardships, you have options, and you should consider talking with your landlord as soon as possible.

Check your local court's website for more information about the status of eviction lawsuits where you live. Also, consider looking into obtaining assistance from federal, state, local, private, or non-profit sources.

Read your state statute for the specific rules in your state. The citation is provided here, and you can visit the Library of Congress's legal research site for links to state statutes.

Consequences of Self-Help Evictions
State	Amount Tenant Can Sue For	Statute Provides for Tenant’s Court Costs & Attorneys’ Fees	Statute Gives Tenant the Right to Stay	Statute or Legal Authority
Alabama	Three months' rent or actual damages, whichever is greater. If tenant elects to terminate the lease, landlord must return entire security deposit and all unearned prepaid rent.	Yes	Yes	Ala. Code § 35-9A-407
Alaska	One and one-half times the actual damages. If tenant elects to terminate the lease, landlord must return all prepaid rent and security deposits. Tenant can sue for attorneys' fees but not court costs.	Yes	Yes	Alaska Stat. §§ 34.03.210; 34.03.350
Arizona	Two months' rent or twice the actual damages, whichever is greater. If tenant elects to terminate the lease, landlord must return all security deposit and prepaid rent.	Yes	Yes	Ariz. Rev. Stat. §§ 33-1364(2)(D); 33-1367
Arkansas	Self-help evictions are not allowed, but it’s up to the court to determine damages.	N/A	N/A	Gorman v. Ratliff, 712 S.W. 2d 888 (1986)
California	Actual damages plus $100 per day of violation ($250 minimum). Tenant may ask for an injunction prohibiting any further violation during the court action.	Yes	Yes	Cal. Civ. Code § 789.3
Colorado	Tenant may sue for any damages.	No	No	Colo. Rev. Stat. § 38-12-510
Connecticut	Double actual damages. Landlord may also be prosecuted for a misdemeanor.	Yes	Yes	Conn. Gen. Stat. Ann. §§ 47a-43, 47a-46, 53a-214
Delaware	Triple damages or three times per diem rent for time excluded, whichever is greater. Tenant may recover court costs, but not attorneys’ fees.	Yes	Yes	Del. Code Ann. tit. 25, § 5313
District of Columbia	Actual and punitive damages.	N/A	N/A	Mendes v. Johnson, 389 A.2d 781 (D.C. 1978)
Florida	Actual damages or three months’ rent, whichever is greater.	Yes	No	Fla. Stat. Ann. § 83.67
Georgia	Landlord may not resort to self-help evictions. Damages are determined by the court.	N/A	N/A	Forrest v. Peacock, 363 S.E. 2d 581 (1987), reversed on other grounds, 368 S.E.2d 519 (1988)
Hawaii	Two months’ rent or free occupancy for two months (tenant must have been excluded ”overnight”). Court may order landlord to stop illegal conduct.	Yes	Yes	Haw. Rev. Stat. § 521-63(c)
Idaho	Three times the amount of actual damages.	Yes	N/A	Schlegel v. Hansen, 570 P.2d 292 (Idaho Sup. Ct. 1977); Riverside Dev. Co. v. Ritchie, 650 P.2d 657 (Idaho Sup. Ct. 1982); Idaho Code Ann. §§ 6-317 and 6-324
Illinois	One month's rent for every month without utility service (partial months prorated), plus consequential damages. If termination resulted from deliberate or reckless indifference or disregard for tenant's rights, or bad faith, court may award each tenant $300 or (when multiple tenants have been affected), the sum of $5,000 divided by the number of affected tenants, whichever is less.	No	Yes	735 Ill. Comp. Stat. Ann. §§ 1.4, 2.1; U.S. v. White, 541 F.Supp. 1181 (N.D. Ill. 1982) (held that a tenant who has been subject to a self-help eviction remains entitled to possession of the premises).
Indiana	Statute doesn’t specify damages.	No	No	Ind. Code Ann. § 32-31-5-6
Iowa	Actual damages, plus punitive damages up to twice the monthly rent and attorneys' fees. If tenant elects to terminate the lease, landlord must return all prepaid rent and security deposits.	Yes	Yes	Iowa Code § 562A.26
Kansas	Actual damages or one and one-half months' rent, whichever is greater. If the rental agreement is terminated, the tenant is entitled to the return of security deposit.	No	Yes	Kan. Stat. Ann. § 58-2563
Kentucky	Three months' rent. Tenant may also recover reasonable attorneys' fees. If tenancy is terminated, the landlord must return prepaid rent.	Yes	Yes	Ky. Rev. Stat. Ann. § 383.655
Louisiana	Landlord may not resort to self-help evictions. Damages are determined by the court.	N/A	N/A	Weber v. McMillan, 285 So.2d 349 (1973)
Maine	Actual damages or $250, whichever is greater. The court may award costs and fees to landlord if it finds that the tenant brought a frivolous court lawsuit or one intended to harass.	Yes	No	Me. Rev. Stat. Ann. tit. 14, § 6014
Maryland	Actual damages, reasonable attorneys' fees and costs.	Yes	No	Md. Code Ann. [Real Prop.], § 8-216
Massachusetts	Three months’ rent or three times the actual damages.	Yes	Yes	Mass. Gen. Laws ch. 186, § 15F
Michigan	Up to three times actual damages or $200, whichever is greater.	No	Yes	Mich. Comp. Laws § 600.2918
Minnesota	Treble damages or $500, whichever is greater, and reasonable attorneys' fees. Landlord might also be found guilty of a misdemeanor.	Yes	Yes	Minn. Stat. Ann. §§ 504B.225; 504B.231; 504B.375
Mississippi	Landlord may not resort to self-help evictions unless lease gives landlord the right to remove the tenant and take position of the premises without notice.	N/A	N/A	Bender v. North Meridian Mobile Home Park, 636 So.2d 385 (Miss. Sup. Ct. 1994)
Missouri	Landlord may not resort to self-help evictions. Damages are determined by the court.	N/A	N/A	Steinke v. Leight, 235 S.W.2d 115 (1950); Mo. Stat. Ann § 441.233
Montana	Three months' rent or three times the actual damages, whichever is greater, along with all security deposits and prepaid rent recoverable.	Yes	Yes	Mont. Code Ann. §§ 70-24-411; 70-24-442
Nebraska	Up to three months' rent and reasonable attorneys' fees. If tenancy is terminated landlord shall return all recoverable security deposit and prepaid rent.	Yes	Yes	Neb. Rev. Stat. § 76-1430
Nevada	Up to $2,500 or actual damages, whichever is greater, or both. If tenant elects to terminate rental agreement or lease, landlord must return entire security deposit and any prepaid rent. Tenant might be entitled to court costs.	Yes	Yes	Nev. Rev. Stat. Ann. § 118A.390
New Hampshire	Actual damages or $1,000, whichever is greater; if court finds that landlord knowingly or willingly broke the law, two to three times this amount. (Amount might also vary depending on the situation.) Each day that a violation continues is a separate violation. Court may order a tenant who brings a frivolous suit or one intended to harass to pay landlord's costs and fees.	Yes	Yes	N.H. Rev. Stat. Ann. §§ 540-A:3, 540-A:4, 358-A:10
New Jersey	Self-help is prohibited, and landlord who engages in self-help is a “disorderly person,” a criminal offense that subjects the landlord to up to six months in jail.	No	No	N.J. Stat. Ann. §§ 2A:39-1, 2C:43-8
New Mexico	A prorated share of the rent for each day of violation, actual damages, and civil penalty of twice the monthly rent.	Yes	Yes	N.M. Stat. Ann. § 47-8-36
New York	Three times the actual damages. Violations are misdemeanors, and landlords are subject to civil penalties of $1,000 to up to $10,000.	No	Yes	N.Y. Real Prop. Acts. Law §§ 768, 853
North Carolina	Actual damages.	No	Yes	N.C. Gen. Stat. § 42-25.9
North Dakota	Triple damages.	No	No	N.D. Cent. Code § 32-03-29
Ohio	Actual damages. Tenant can sue for attorneys' fees but not court costs.	Yes	No	Ohio Rev. Code Ann. § 5321.15
Oklahoma	Twice the average monthly rental or twice the actual damages, whichever is greater.	No	Yes	Okla. Stat. tit. 41, § 123
Oregon	Two months’ rent or twice the actual damages, whichever is greater.	No	Yes	Or. Rev. Stat. § 90.375
Pennsylvania	Self-help evictions are not allowed, but no specific penalties are provided (it’s up to the court to determine damages).	N/A	N/A	Wofford v. Vavreck, 22 Pa. D. & C.3d 444 (1981); Kuriger v. Cramer, 498 A.2d 1331 (1985)
Rhode Island	Three months' rent or three times the actual damages, whichever is greater. Tenant can sue for attorneys' fees but not court costs.	Yes	Yes	R.I. Gen. Laws § 34-18-34
South Carolina	Three months' rent or twice the actual damages, whichever is greater. Tenant can sue for attorneys' fees but not court costs.	Yes	Yes	S.C. Code Ann. § 27-40-660
South Dakota	Two months’ rent. If tenant elects to terminate the lease, landlord must return entire security deposit.	No	Yes	S.D. Codified Laws Ann. § 43-32-6
Tennessee	Actual and punitive damages. If tenant elects to terminate the lease, landlord must return entire security deposit. Tenant can sue for attorneys' fees but not court costs.	Yes	Yes	Tenn. Code Ann. § 66-28-504
Texas	A civil penalty of one month’s rent plus $1,000, actual damages, court costs, and reasonable attorneys' fees.	Yes	Yes	Tex. Prop. Code §§ 92.008, 92.0081, 92.009
Utah	Self-help evictions are not allowed, but no specific penalties are provided.	No	No	Utah Code Ann. § 78B-6-814
Vermont	Unspecified damages, plus court costs and attorneys' fees. Court may award costs and attorneys' fees to landlord if the court finds that the tenant brought a frivolous lawsuit or one intended to harass.	Yes	Yes	Vt. Stat. Ann. tit. 9, §§ 4463, 4464
Virginia	Actual damages. Tenant can sue for attorneys' fees but not court costs.	Yes	Yes	Va. Code Ann. § 55.1-1243
Washington	Actual damages. For utility shut-offs only, actual damages and up to $100 per day of no service. Court may award costs and fees to the prevailing party.	Yes	Yes	Wash. Rev. Code Ann. §§ 59.18.290, 59.18.300
West Virginia
Wisconsin	Self-help evictions are prohibited. The court will determine damages.	No	No	Wis. Adm. Code ATCP § 134.09(7)
Wyoming