Can landlords change locks during an eviction?

Eviction and Lock Changes in Massachusetts: What Tenants Should Know

Navigating an eviction can be challenging for tenants in Massachusetts, and understanding your rights during this process is crucial. One common question is whether landlords are legally permitted to change the locks during an eviction. This guidance will clarify the rules surrounding lock changes in Massachusetts and provide practical advice for tenants facing eviction.

Can Landlords Change Locks During an Eviction in Massachusetts?

In Massachusetts, landlords cannot legally change the locks or forcibly remove a tenant without following the proper eviction process. The law requires landlords to follow specific procedures before they can regain possession of their property, including evictions.

Key Points to Understand:

• Lockouts without a court order are illegal: Massachusetts law explicitly prohibits landlords from conducting a "self-help" eviction, which includes changing locks, shutting off utilities, or physically removing a tenant’s belongings without a legal eviction decree.
• Eviction must be court-ordered: Landlords must obtain a judgment from the Massachusetts District Court and an execution (also called a writ of possession) signed by the court sheriff before removing a tenant or changing locks.
• Lock changes only after lawful eviction: Once the court provides the execution, and the actual eviction is carried out by a sheriff or constable, the landlord may change the locks.

The Eviction Process in Massachusetts

Understanding the eviction process helps clarify when a landlord can legally change locks:

1. Notice to Quit: The landlord must give the tenant a written notice (such as a 14-day or 30-day notice, depending on the lease and reason for eviction).
2. Summary Process Filing: If the tenant does not leave voluntarily after receiving notice, the landlord files a complaint for eviction (summary process) at the local District Court.
3. Court Hearing: The court schedules a hearing where both landlord and tenant can present their case.
4. Judgment: If the court rules in favor of the landlord, it issues a judgment for possession.
5. Execution (Writ of Possession): The landlord must request an execution, which authorizes a sheriff or constable to remove the tenant.
6. Eviction by Law Enforcement: Only the sheriff or constable can physically evict the tenant and change the locks.

What happens if a landlord changes locks without following the legal process?

• Illegal lockouts: It is against Massachusetts law for landlords to change locks without a court order. Tenants who have been locked out illegally may:

- Regain access: Tenants may be entitled to regain access to their unit, which might require returning to court.

- Sue for damages: Tenants can file a lawsuit against the landlord for damages resulting from an illegal lockout.

- Seek help from local authorities: Tenants can contact the police or local housing authorities. While police generally consider eviction a civil matter, they may intervene if the landlord has done something illegal like a lockout.

What Should Tenants Do if Their Locks Are Changed Illegally?

• Document the situation: Take photos, keep any notices, and record dates and times.
• Contact legal aid or tenant advocacy organizations: Massachusetts has several resources that assist tenants with eviction disputes, including legal aid organizations, housing consumer education centers, and local tenant unions.
• Keep records of all communication with the landlord.
• Do not attempt self-help remedies: Tenants should avoid forcibly re-entering the property themselves, as this could escalate conflict or cause legal issues.

Tips for Tenants Facing Eviction in Massachusetts

• Know your rights: Tenants have the right to due process. Landlords must follow the legal eviction process in its entirety; any shortcut, like a lock change before the court order, is illegal.
• Communicate with your landlord: Try to negotiate payment plans or lease extensions if possible.
• Seek legal advice early: Getting help from a qualified attorney or tenant advocate can improve your outcome.
• Attend all court hearings: Failure to appear may result in a default judgment against you.
• Understand the execution timeline: Even if the landlord wins the eviction suit, you will often have some days to move before the sheriff conducts the lock change and physical eviction.

---

Summary

In Massachusetts, landlords cannot change locks during an eviction without a court order and the formal involvement of law enforcement. Such an act constitutes an illegal lockout and violates tenant protections under state law. Tenants facing eviction should understand their legal rights, carefully follow the eviction proceedings, and seek appropriate legal assistance if they believe their landlord is acting unlawfully.

Being informed can safeguard your housing rights and avoid complications during what can be a stressful and uncertain time.