Grounds for Filing a Criminal Complaint

Also in
Show Endnotes
By
Gary Allen
Reviewed
Reviewed
Text

Some landlords act in ways that violate criminallaws. If your landlord breaks into your apartmentwithout your consent, assaults you, or commitsany other serious offense, call the police at once.Ask the police to seek a criminal complaintagainst your landlord. When the police requestthat a criminal complaint be issued, they arealmost always successful. For more informationabout criminal cases, see Chapter 14: Using theCourt System - Criminal Cases.

Unfortunately, judges rarely enforce criminallaws against landlords. The prospect of facinga criminal complaint, however, may preventsome landlords from committing criminal acts.What follows is a summary of criminal laws mostfrequently violated by landlords.

Widgets
State Sanitary Code Violations

It is a criminal act for a landlord to willfully allow violations of the state Sanitary Code.89 If the landlord has not made the necessary repairs within the time period designated by a local health inspector, the Board of Health can file a criminal complaint.

As a tenant, you also have a right to file a criminal complaint. This can be difficult in many courts other than a housing court, but, with persistence, you should be able to do this. See Chapter 8: Getting Repairs Made.

Entering your apartment illegally

If the owner enters your apartment without your permission, she is guilty of trespass. Conviction on a trespass charge is punishable by up to 30 days in jail and $100.91 For more information, see Chapter 8: Getting Repairs Made - Landlord's Right to Enter Your Home.

Cutting off services

It is a criminal act for a landlord to willfully orintentionally interfere with your "quietenjoyment" of the premises. It is also a criminalact for a landlord to willfully or intentionally failto furnish water, hot water, heat, light, power,gas, elevator service, telephone service, janitorservice, or refrigeration service where thelandlord is required by the terms of your tenancyagreement to provide these services. Thepenalty provisions of the law are a fine of $25 to$300, or up to 6 months in jail.

Failure to provide locks

A landlord is required to provide adequate locksfor your individual apartment, as well as locks atthe building entrances if you live in a buildingwith more than 3 apartments. Willful failure toprovide locks can result in your landlord's beingfined up to $500.

Feedback

Was this page helpful?