This includes written agreements, leases, receipts and photographs. If the police say they cant do anything, and you live in Suffolk County, mention the #92-1. If the utility meter is shared with others in the building, the law requires the landlord to have the meter in his name. Call today! Nassau County Office. (718) 487-3303. Overview of Landlord-Tenant Laws in New York | Nolo The official statement can be found here. However, a landlord must give tenants reasonable notice (at least 24 hours, in most cases) before entry, unless its an emergency. In the Supreme, County and City Courts, the Affidavit of Service must be filed by 20 days or less from the date the papers were left or mailed whichever is later. By law, the lease must be written in clear, plain English. Be sure to get legal help if you think your landlord is evicting you because youve complained or joined a tenants association. In addition, if you pay the full amount of rent awarded to the landlord by the Court at any time prior to the eviction, then the warrant and judgment will be vacated (and the tenant may remain in the property) provided the rent was not previously withheld in bad faith (RPAPL 749(3)). Landlord / Tenant law governs the rental of commercial and residential property. If your property is located in a village that assesses property, you will have two assessments, one for the village and one for the town. (DHCR) enforces compliance with this law. The notice must be given prior to the beginning of the next term. The landlord then gives the warrant to the Sheriff who will eventually give you a 14-day notice and warrant of eviction. Suffolk County District Court: Landlord & Tenant Court. [email protected], 2023 Long Island Housing Services, Inc. All Rights Reserved | Designed and Maintained by MAXBURST. Tenants can sue landlords in different courts depending upon the area of state: Small Claims Part in civil court (in cities, including New York City); district court in Nassau and Suffolk counties; and justice court in rural areas for the return of their deposit. Before you withhold rent, or repair and deduct, make sure that you have written your landlord about the problem and given him a chance to fix it. A landlord cannot refuse to rent to you because of your race, age, national origin, religion, gender, sexual orientation, disability, marital status, or because you have children. Then, prioritize the problems and get started! If youve been illegally evicted and you need help relocating, you should call DSS to arrange for emergency housing and storage. in the jurisdiction of Suffolk County, NY. It is important to talk to a lawyer when you get these legal papers. Additional testimony and forms of evidence may be elicited from other witnesses called by the tenant. New York law allows landlords to do this, provided they return the remainder of the deposit to the tenant within a14 days following the tenant's . 1325 Franklin Avenue If it is, you should try and talk to a lawyer before you take any of the next steps. Christian Donald Killoran. New York State law requires that the rent receipts include: the date you paid the rent, the amount that you paid, the amount of time that the money is paying for, the place being rented (i.e. What do I do? Eviction Attorney Suffolk & Nassau County | FAST Evictions This case was filed in Suffolk County Superior Courts, with None presiding. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. 104 Lewis Street, Southampton, NY 11968 | Compass Go to court on the day stated in the Notice of Petition, even if you dont have a lawyer. Bring pictures that show any serious problems with the premises. DC-16 (English, Spanish, & Polish) Notice of Appeal - Criminal. Long Island evictions: Small landlords struggling to - ABC7 New York Important Dates and Events U.S. Department of Housing and Urban Development, U.S. Department of Housing and Urban Development, 451 7th Street, S.W., Washington, DC 20410 Applying different terms, conditions, or privileges. The lease gives you the right to quiet enjoyment of the property until the lease end date. Carrington Mortgage Services, Llc V. Vanessa Cunningham - trellis.law If the landlord does not follow the law, you cannot be evicted. It is a good idea to write the period that the payment covers on the check or money order (i.e. Landlord's Rights in Suffolk County, NY. (914) 361-4500. It pays off to use extra caution when youre searching for a rental. If you need repairs tell your landlord and ask when the repairs will be done (if its an emergency, notify your landlord immediately!). 438 Smithtown Blvd #9 Apartments - Lake Ronkonkoma, NY 11779 Go to Court and submit a request for the Judge to sign an Order to Show Cause to Vacate a Landlord Tenant Judgment. However, no one can force you to settle a case. The Judge may again ask questions. What is a Landlord-Tenant (L&T) court case? Can a Landlord Enter Without Permission in New York? landlord, building manager, etc.) 375 or [email protected] to speak to a trained Fair Housing Investigator. You can call the Town and inquire as to who is listed on the tax bill to make sure that the person renting to you actually owns the property. Evicting Your Tenant in the Town of Brookhaven - Landlord Lawyer This Court strongly recommends that you retain an attorney. A hearing is scheduled 3-8 days after the court receives the tenant's reply. The material contained on this site cannot replace the advice of competent legal counsel licensed in your state. Most written leases are good for a year but can be longer or shorter. A Notice of Termination is given to a tenant to end the tenancy. All Rights Reserved. There are two categories of rent control in New York: rent control and rent stabilization. . For more information or to schedule a consultation, call our Long Island landlord-tenant dispute law office at (631) 348-1702 or fill out our contact form. You should only withhold the rent if there are bad health or safety problems in your home. File the grievance form with the assessor or the board of assessment review (BAR) in your city or town. But you may not be able to get a lawyer to represent you. The landlord will then be able to request and have issued by the Court need a JUDGMENT OF POSSESSION, and A WARRANT OF EVICTION. mechanisms or stove knob covers. Landlord Tenant Law & Evictions in Nassau County and Suffolk County, Long Island, New York is all we do. Suffolk County Tenant Lawyer | Suffolk County Landlord Attorney | NY This is called a month-to-month tenancy. Never ignore court papers. If you believe that a landlord has discriminated against you for this or any other reason, you can complain and file a grievance with the Suffolk County Human Rights Commission at 631-853-5480. Suffolk County, NY Landlord And Tenant Law Firms - Lawyers.com A tenant with a month to month tenancy must tell the landlord they are not renewing one month in advance. Providing different treatment to tenants that use a service or emotional support animal. If the landlord doesnt keep his word or doesnt take care of the repairs quickly, send the landlord a letter, asking him to make the repairs. The money you provide the landlord is still technically your money. If you want to move back, it is important to contact a lawyer or us at Nassau Suffolk Law Services to see if we can help you. Usually a NOTICE OF PETITION and a PETITION. Can a Tenant Change the Locks in New York? NYC also has additional disclosure requirements such as bedbug history. Can a Landlord Collect Rent on an Illegal Apartment in Nassau County or Top Rated Suffolk County NY Landlord & Tenant Lawyers | FindLaw Failing to make reasonable accommodations. The new law adds some protections for tenants who move out before the lease or rental agreement ends. A written lease is a written agreement signed by both you and your landlord. (It may be worthwhile to negotiate a rent increase you can afford with the landlord.). The sheriff cannot evict you on a weekend or state holiday. Even though you may be in the middle of a crisis situation, it is very important to keep proof of your damages; such as pictures of damaged property, receipts for additional expenses incurred, witnesses, police or health department reports, etc.