If an individual had a legal right to occupy a residential or commercial space, they may not be removed or otherwise locked out of this space without the lawful order of a court. A Sheriff or Marshall can legally execute an eviction presumed by a court-issued warrant. In a situation where a legal occupant has been locked out or forcibly removed from their space without a court order and without a lawful warrant issued to a Sheriff or Marshall, a tenant may start an illegal lock-up proceeding against the landlord or owner in order to regain possession of the space. Such cases are dealt with by the housing court on an emergency basis.
The attorneys at Layliev Law regularly litigate illegal lockout cases in the housing court, frequently taking such cases to trial, and have successfully prosecuted and defended illegal lockout cases, often being cited and reported in various legal journals and periodicals.