My tenant’s lease has expired and/or my tenant has stopped paying rent. Am I permitted to turn off essential services such as heat, water, electricity, gas in the premises?
The Law Offices of Sergey Davydov
My tenant’s lease has expired and/or my tenant has stopped paying rent. Am I permitted to turn off essential services such as heat, water, electricity, gas in the premises?
No. If you turn off essential services, you are subjecting yourself to potential civil penalties to the city of New York if the tenant goes to court and alleges that you have turned off essential services. The judge will make you turn back the essential services and will order you to pay civil penalties for each day an essential service was shut off, plus award the tenant treble damages for any period of time the tenant had to live elsewhere.
Can a landlord use an eviction notice to go straight to court?
If you have a lease that has not expired and the tenant has defaulted on making the rent payments, the best course of action is to start a nonpayment case in housing court. Our office will prepare all of the necessary notices to commence the case.
In New York, landlords cannot change locks without a court order or voluntary surrender of the premises. Illegal actions such as padlocking doors, removing furniture, or turning off utilities are Class A misdemeanors. Tenants have the right to sue for damages and seek an order for possession restoration if a landlord engages in such behavior.
Eviction is a serious issue that no tenant wants to face. If you have received a notice from a marshal stating that you are to be evicted, it is important to act fast. The first step is to come to court as soon as possible. This is a very serious matter, and it must be addressed immediately. If you do not take action, the marshal may remove you and your property from the apartment.
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