Legal Question in Real Estate Law in New York
my question is if a landlord and tenant signed an agreement between themselves (not in court and not with any witnesses) that in the event the tenant fails to pay back rent by a certain date the landlord will change the locks and shut off the water.
Is it legal? And could Landlord shut the water and or change locks without going to court?
The property in in New York City.
Thank You
1 Answer from Attorneys
Q. If a landlord and tenant signed an agreement between themselves (not in court and not with any witnesses) that in the event the tenant fails to pay back rent by a certain date the landlord will change the locks and shut off the water. Is it legal?
A. No.
Q. And could Landlord shut the water and or change locks without going to court?
A. No. Furthermore, the court would never entertain an order allowing a landlord to shut the water and change the locks. The court would entertain an order allowing for a Judgment of Possession and Warrant of Eviction. The warrant would allow the Marshal to evict the tenant.
Mike.
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