Tenant refused to leave after court eviction, Sheriff is busy

Tenant refused to leave after court eviction, Sheriff is busy

Member since 2019 · 1 post · 0 votes

I live in New York, Long Island, Suffolk county. I have eviction by a court order, judgement of possession, but the sheriff is busy for 6 weeks. Can I cut utilities of the property where tenant stays since I have a possession back of the house? I know I cannot get him out, sheriff has to do it, but he has no legal rights, and I don’t want to pay his utilities. Does that considered an illegal action and he can call the police on me? Or the court order considered a powerful legal document?

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Alex CraigBusiness Member
Real Estate Professional · Memphis, TN · Member since 2009 · 1k+ posts · 1k+ votes
7y

Jeez--that is awful.  I would consult an eviction attorney. States like NY are extremely tenant friendly.  I googled this, maybe your answer lies here: https://ag.ny.gov/sites/default/files/tenants_rights.pdf

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  • Alex CraigBusiness Member
    Real Estate Professional · Memphis, TN · Member since 2009 · 1k+ posts · 1k+ votes
    7y

    Jeez--that is awful.  I would consult an eviction attorney. States like NY are extremely tenant friendly.  I googled this, maybe your answer lies here: https://ag.ny.gov/sites/default/files/tenants_rights.pdf

  • Nassau County, NY · Member since 2011 · 52 posts · 14 votes
    7y

    Hey Sam.  I have been in your shoes no fun.  You need to wait until the sheriff, anything you do may cause issues.  

    Just be prepared for the tenant to possibly go to court for an order to show cause which may delay things a few weeks.

    I have been dealing with a holdover for 11 months, they declared bankruptcy.  

    Best to do is contact an attorney or sell the property as is with the occupant if this is keeping you up. 

  • Scott WolfPro Member
    Lender · Boca Raton, FL · Member since 2014 · 1k+ posts · 959 votes
    7y

    @Sam George, that's a terrible situation.  I know of a Tenant/LL attorney who does evictions on the Island if you want someone to speak with.

  • Rental Property Investor · Philadelphia, PA · Member since 2019 · 89 posts · 27 votes
    7y

    Sorry to hear about your situation.  As the others mentioned, best to get an eviction attorney or wait for the sheriff.  Self-help can get you in hot water.  You may also want to consider buying a rent default insurance policy that reimburses lost rent and legal expenses when a tenant defaults (evictions are covered).

    Good luck!

    Aaron

  • Philadelphia, PA · Member since 2019 · 174 posts · 124 votes
    7y

    Can I cut utilities of the property where tenant stays since I have a possession back of the house? 

    You don't have possession of the house.  You have a court order granting you possession of the house.  Once the sheriff puts the tenant out, then you have possession.  Do NOT cut the utilities off.  The last thing you want is to have everything stopped in their tracks because you moved forward with a self help eviction rather than waiting for the sheriff to perform the proper legal eviction.

    I know I cannot get him out, sheriff has to do it, but he has no legal rights, 

    He's got plenty of legal rights, as do you.  

    and I don’t want to pay his utilities. 

    Understandable.  You add the costs back to the judgment and hopefully you'll be able to collect.

    Does that considered an illegal action and he can call the police on me? 

    Sure can.  You could even have everything stopped, and have the tenant sue you for acting illegally.  Better to let then process finish legally.

    Or the court order considered a powerful legal document?

    It is a powerful legal document that needs to be enforced by the proper authorities, which in this case is the sheriff.  

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    7y

    Does it have to be an on duty sheriff? Maybe a sheriff is willing to do it after hours for some compensation? 

  • Rental Property Investor · Glen Cove, NY · Member since 2016 · 109 posts · 25 votes
    7y
    Originally posted by @Aaron DiCaprio:
      You may also want to consider buying a rent default insurance policy that reimburses lost rent and legal expenses when a tenant defaults (evictions are covered).

    Good luck!

    This sounds amazing. What does default mean- would rents only be covered if tenant declares bankruptcy or even if they default on their rent payments?

  • Rental Property Investor · Philadelphia, PA · Member since 2019 · 89 posts · 27 votes
    7y

    Default is whenever a tenant cannot pay the rent.  And the nonpayment isn't a result of the landlord making the unit uninhabitable.  Skips, nonpays and evictions are all covered.

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