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?
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).
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.
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?
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.