does nys lanlord tenant law override a legal contract

[ettore]

My Tenant signed a lease that states, "In the event of flood, fire, excessive damage to the apartment or non payment of rent greater than 30 days, the landlord has the right to take over the apartment and evict the tenant without notice"

They tenant has no intention to pay and I served them a default notice certified return receipt. I asked them to leave and handed them our agreement. They refused so I shut down the water and electric to force them out which worked, but the cops cut my padlocks 3 days later and let them back in.

The code enforcement officer thinks that the lease is illegal but has not confirmed that and has threatened to fine me $1000 per day. She has taken 2 days to check with the Village counsel.

Does local landlord tenant law override a signed agreement in Sullivan County, NY?

 

[Gail_in_Georgia]

As a fellow landlord, I am appalled at your lack of knowledge that you CANNOT do what you have done. No landlord can evict a tenant. Only a court can hand down an eviction and until they do, you have absolutely no right to shut off their utilities and do what is known as an "illegal lockout".

It doesn't matter what your lease says in terms of what you think you can do. New York tends to be a VERY tenant friendly state. You're likely in quite a bit of hot water legally.

Spend some time and study all of the landlord tenant laws of your state.

gail