Actions by the Landlord: Lockouts, Utility Shutoffs and Your Belongings

NEWS:

The law prohibits a landlord from physically carrying you or your belongings out, or changing the locks so you can’t get in. The landlord cannot cause the electric, water, or heat to be shut off. 9 V.S.A. § 4463.

It is not legal for a landlord to put you out without court process. Court process includes you getting served with court papers, a chance to answer in writing, and if you answer in time, a hearing before a judge. And, if the court makes an order, it will be the sheriff — not the landlord — who will come to make you leave. “Self-help” eviction is illegal in Vermont. For a more detailed description of what the landlord must do, see our page about the notice to terminate tenancy and our page about the court process for eviction.

The law allows any tenant who sustains damage or injury as a result of an illegal eviction may bring an action for injunctive relief, damages, costs, and reasonable attorney’s fees. 9 V.S.A. § 4464.

You can sue your landlord for illegal eviction. You can ask for a court order to force your landlord to give you back possession of your rental, to have your utilities turned back on, or to have your personal property returned to you. You can also sue your landlord for your damages from the illegal eviction.

Examples of acts that violate the law

It is illegal for your landlord to force you out by changing the locks, shutting off the utilities or removing your personal belongings. 9 V.S.A. § 4463.

The Residential Rental Agreements Act (RRAA) makes it illegal for the landlord to take away your access to your unit or any part of the premises that you rent.

The landlord cannot change the locks to your unit.
The landlord cannot move doors or walls to change the size of your unit.
The landlord cannot change your access to the basement, entry hall, garage or storage shed, if you had access to those before.
The landlord can’t make you share space or rooms with another tenant, if that wasn’t included in the rental agreement in the first place.

The RRAA makes it illegal for your landlord to cause any utility to be shut off temporarily or permanently. This is true even if the landlord is paying for the service.

The landlord cannot flip electrical circuit breakers or pull fuses.
The landlord cannot call the power company, propane company, gas company or water supplier and tell them to shut off service.
If heat is included in rent, the landlord can’t let heating fuel run out.
If water is being shut off because the landlord didn’t pay the bill that is illegal eviction.

The RRAA makes it illegal for a landlord to keep your belongings from you.

The landlord cannot lock up your personal property so that you can’t get it.
The landlord cannot take your belongings because you owe rent.
If you have left belongings after you moved out, the landlord has to follow the laws about storing them for you. 9 V.S.A. § 4462, 12 V.S.A. § 4854a.

Below, learn what to do in different situations.

What to do if the landlord locks you out

As a tenant, there are legal steps you can take if your landlord illegally evicts you by denying you access to your unit. If you think you have been locked out, take these steps.

Step 1: Call your landlord

Tell your landlord that you can’t get into your apartment. Ask your landlord to let you in.

If your landlord won’t let you in, go to Step 2. If your landlord lets you in but will not give you a copy of the key, go to Step 3. If your landlord lets you in, gives you a copy of the key, and you were not harmed by your temporary inability to get into your rental, you do not have a legal issue.

Step 2: Contact local law enforcement

Call your local police department or the sheriff if your landlord will not let you in right away. Tell the officer the following:

“I am a lawful tenant.”
Your address
You cannot get into your rental and believe your landlord has changed the locks
Your landlord refuses to let you in or has not responded to your messages in a reasonable amount of time.
Your landlord’s name, address, phone number and email address (if you have it).

You can ask the officer to call your landlord to say you must be allowed back into your home. The protocol that police should follow is in Vermont State Police Bulletin 93-1 [limited accessibility PDF].

If the officer refuses to contact your landlord, or if the landlord refuses the officer’s request to let you back in, let the officer know that you are going to break into your apartment. Ask if the officer is willing to provide a locksmith with verification that you have the authority to enter the unit. Go on to Step 3.

Step 3: Contact a lawyer

Before doing anything else, it is a good idea to talk to a lawyer. Fill out our form and we will call you back. Your information will be sent to Legal Services Vermont, which screens requests for help for both Vermont Legal Aid and Legal Services Vermont. You can also call us at 1-800-889-2047.

A lawyer can help you figure out if you are considered a “tenant” under Vermont law and make sure that you have not “abandoned” your apartment. Then, if the lawyer advises you to do so, move on to Step 4.

Step 4: Re-enter your rental unit

If you have the money to pay a locksmith, call for emergency service to have a lock changed so that you have a key. The locksmith is likely to request verification from law enforcement that it is permissible for them to provide you access to the unit.

Send your landlord a letter to say:

you were unlawfully denied access to your home,
you changed the locks and plan to deduct the cost of the lock change from your next month’s rent. Use this sample repair letter.
If you are required to give your landlord a copy of your key under the terms of your rental agreement, give your landlord a copy of the key along with the letter.

If you do not have money to pay for a locksmith or you cannot provide the locksmith with sufficient proof of your right to enter the unit, after informing law enforcement of your intent to enter your home through forcible means, break into your home. Cause as little damage as possible. Send your landlord a letter to notify him that you were unlawfully denied access to your home, so you broke in after notifying law enforcement of your intent to do so. If repairs are needed because you caused damage when you broke in, notify your landlord of the needed repairs. Use this sample repair letter.

Step 5: Legal remedies

See our Court Process: When You Sue the Landlord page to learn about legal actions you can take.

What to do if the landlord shuts off your utilities

The law: No landlord may willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to the tenant, except for temporary interruptions for emergency repairs. 9 V.S.A. § 4463(a).

Vermont law requires landlords to provide a functioning heating system, electrical system, adequate water, and a working water heating system. 9 V.S.A. § 4457(c). The heating system must be functional if the temperature is below 55°F. Follow this link for the Rental Housing Health Code. If the rental agreement provides that the landlord will pay for heat, electrical, or some other utility, the landlord must ensure that service is uninterrupted. Interruption or termination of utility service is considered an illegal eviction under Vermont law, whether the termination was caused by purposeful action of the landlord or by the landlord’s failure to pay a utility bill for which he was responsible under the terms of the rental agreement.

Note: Your rental agreement may say that you are responsible for the utility. If it is shut off by the utility company because you did not pay, you may be in violation of the tenant’s duty to maintain and not damage the unit, 9 V.S.A. § 4456. (For example, if you don’t pay for heating fuel, the pipes could freeze. If you don’t pay for electricity, rotting food could damage the refrigerator.) If it is you fault that the utility is shut off, tell the landlord so the landlord can prevent damage.

If you think your utilities have been interrupted or terminated by the landlord, take the following steps.

Step 1: Call your landlord

Tell your landlord that your electricity/heat/water is not working. Ask your landlord to fix the problem.

Also, write a letter to the landlord describing what utility is not working, when it stopped working, and what your rental agreement states regarding provision of utilities. 9 V.S.A. § 4458. Date the letter. Keep a copy for yourself. Mail or hand deliver the letter to the landlord 9 V.S.A. § 4451(1).

If your landlord doesn’t immediately address the problem, go to Step 2.

Step 2: Contact your town health officer

For more information on requesting an inspection from your town health officer, see our page about repairs. When you call your town health officer, describe what utility is not working, when it stopped working, and what your rental agreement states regarding provision of utilities. Ask the town health officer to contact your landlord. Ask the town health officer to inspect the premises if the landlord does not agree to immediately fix the problem.

If the problem is not immediately taken care of, go on to Step 3.

Step 3: Contact a lawyer

Before doing anything else, it is a good idea to talk to a lawyer. A lawyer can help you figure out options to have your utilities immediately restored, if possible.

Follow this link if you are interested in getting help from Vermont Legal Aid and Legal Services Vermont.

Then, if the lawyer advises you to do so, move on to Step 4.

Step 4: Turn on utilities or get repairs

If the utility system is working, but the landlord hasn’t paid the utility bill and services have been terminated, contact the utility company. You can ask to have service turned on in your own name. You cannot legally be required to pay the landlord’s bill to have service restored.

If you have an unpaid bill of your own with the utility company, the utility company may require you to pay all or part of your balance to have service turned on in your name. PUC Rule 3.307(B).

Some utilities also require a deposit to have service turned on. Ask if you can pay the deposit in installments if one is required.

Once you have service in your own name, send your landlord a letter that says you turned on the utility service in your name because the landlord failed to provide service in violation of the terms of your rental agreement. Tell your landlord that you will deduct the cost of your monthly service from your rent each month and provide a copy of the relevant utility bill along with your rent payment.

If the utility system is not working, you can contact an appropriately licensed professional to ask for an estimate for repairs. If the repair will cost less than a half a month’s rent, notify your landlord immediately of your intent to “repair and deduct” the cost of the repair from your rent. See our page about repairs. Use this sample repair letter. After waiting a reasonable amount of time for your landlord to respond, schedule the repair, pay the bill, and send the receipt to your landlord when you deduct the cost from your rent. Because a utility is something you need and use every day, it is reasonable for a tenant to wait no more than than 24 hours before scheduling the repair.

If your landlord has tampered with your utility meter, consider contacting the utility company and law enforcement. Tampering with a utility meter is a crime under Vermont law. 13 V.S.A. § 3784.

If repairs will cost more than a half month’s rent, or if you do not have the money to turn on utilities in your own name or pay for repairs, move on to Step 5.

Step 5: Legal remedies

See our Court Process: When You Sue the Landlord page to learn about legal actions you can take.

What to do if the landlord takes your belongings

The Law: No landlord may directly or indirectly deny a tenant access to and possession of the tenant’s property, except through proper judicial process. 9 V.S.A. § 4463(c).

Before getting a court order for possession, your landlord cannot remove your personal property from your home. Your landlord also cannot deprive you of access to parts of your rental property that contain your personal property, like a shed or basement, so long as possession of the shed or basement is included in your rental agreement.

If your landlord is depriving you of access to your personal property, take the following steps.

Step 1: Call your landlord

Tell your landlord what personal property is missing or what areas of the rental unit you can’t access. Write your landlord a letter stating what personal property is missing and/or what areas of the rental unit you cannot access. Date the letter. Keep a copy for yourself.

If your landlord doesn’t immediately address the problem, go to Step 2.

Step 2: Call law enforcement

If your landlord has taken your personal property, call law enforcement. Tell the officer that you want to file a police report. Ask for a copy of the police report.

If your landlord entered your home to take your personal property, your landlord may have committed trespass or burglary, which are criminal acts. Entry without permission and without right under Vermont’s access statute may be “unlawful trespass,” a violation of criminal statute 13 V.S.A. § 3705(d). A person is guilty of burglary if he or she enters any building or structure knowing that he or she is not licensed or privileged to do so, with the intent to commit a grand or petit larceny. 13 V.S.A. § 1201. Grand larceny is theft of money or personal property valued at more than $900. 13 V.S.A. § 2501. Petit larceny is theft of money or personal property valued at less than $900. 13 V.S.A. § 2502.

Even if your landlord only takes away your personal property temporarily, it is still a crime. Under 13 V.S.A. § 3833, “[a] person who, without the consent of the owner, takes and carries away or causes to be taken and carried away any tangible personal property with the intent of depriving the owner temporarily of the lawful possession of his or her property shall be fined not more than $100.00.”

Your landlord may decide to return your personal property after you contact law enforcement. Law enforcement may decide to refer your report for prosecution. Even if your landlord is not prosecuted, you may have a legal reason to sue your landlord. Go on to Step 3.

If your landlord deprived you of access to your personal property, tell law enforcement of the situation and how you intend to regain access to your property. For instance, if your personal property is in a shed and the landlord has padlocked the shed, tell law enforcement that you have current possessory interest in the shed by the terms of your rental agreement, that your landlord has padlocked the shed without your permission, and that you are going to regain access by cutting the padlock. Once you have regained access to the shed, send written notice to your landlord of what you did and that you notified the police prior to doing so.

Step 3: Contact a lawyer

A lawyer can help you figure out options to have your personal possessions returned to you or to sue your landlord for damage to your property or for the loss or your property. Then, if the lawyer advises you to do so, move on to Step 4.

Step 4: Legal remedies

See our Court Process: When You Sue the Landlord page to learn about legal actions you can take.