Law Firms Lawyers 129 results Client Reviews . If you are a New York City resident, please visit the NYC Legal Services for Tenants website. If all parties are present, the Judge will probably request that you try to settle the case - a voluntary, binding agreement that resolves the differences between the parties to a lawsuit. A landlord can propose to raise the rent of a month-to-month tenant. Corporations must have an attorney appear for them in Court. On April 18, 2023, Loan Funder Llc, Series 8800 filed a Foreclosure - (Property) case represented by Goldberg, Brian Matthew against John Doe 1-10 Tenants et al. If the police say they cant do anything, and you live in Suffolk County, mention the #92-1. Tambin puede escribirnos al correo electrnico, Information on Detecting and Reporting Rental Scams. If you have a question about issues not covered in this document or if you think your landlord has broken New York's tenant protection law, contact my office at (800) 771-7755; TDD/TTY Toll Free Line: (800) 788-9898. Phone (Nassau): 516-292-0400 Probably. Retaliatory eviction can be hard to prove. But, DO NOT SPEND THE RENT MONEY. Yes, squatters enjoy various rights and protections in NYC and NY State. Whether you are a tenant or a landlord, we provide Landlord/Tenant Counseling to help you deal with issues related to security, eviction, habitability, rights, handicapped access, and more. Your landlord can keep all or part of your security deposit to pay for any damages that you cause. This case was filed in Suffolk County Superior Courts, with None presiding. Rent withholding is a very serious step to take. Landlord & Tenant FAQ's (housing, evictions), Post-judgment FAQ's (collecting, enforcing, vacating), How to request a stay of eviction or vacate a default L&T judgment (DC-420), Nassau County District Court L&T Forms and Guides for Landlords and Tenants, Tenant Questions & Answers: Nonpayment Eviction Cases in New York State, Tenant Questions & Answers: Holdover Eviction Cases in New York State, Article 7 of the Real Property Actions and Proceeding Law (RPAPL) summary proceedings to recover possession of real property, T-1407 NOTICE OF PETITION & T-1406 NON-PAYMENT PETITION, DIY INTERVIEW & FORMS: Small Property Owner Nonpayment Petition Program, Small Property Owner Licensee Holdover Petition Program, Small Property Owner Squatter Holdover Petition Program, T-1411 NOTICE OF PETITION & T-1410 HOLDOVER PETITION, setting a court date in order to ensure that Court will be in session, request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT, NYS Attorney General's Tenants' Rights Guide, New York Real Property Actions & Proceedings Article 7-A - (769 - 783), Suffolk County Bar Association for a free or low-fee consult, Order to Show Cause and supporting affidavit forms and instructions DC-420, DIY INTERVIEW & FORMS: Tenant Vacate Default Judgment Program, the PETITION and NOTICE OF PETITION generated by the, the original or certified copy of the deed to the building, the lease or written agreement for the party you are suing, if there is one, certified copies of registration statements (like the town's rent registration, or a multiple dwelling registration statement), any other documents that are relevant to the claims you are making, witnesses (like a superintendent, manager, or mechanic who can testify as to attempts to gain access and/or attempts to repair conditions, if conditions are an issue), rent receipts, checks or other proof of rent payments, the lease or written agreement for the apartment, if you have one, photographs of any conditions you are claiming, heat charts, if heat is an issue and you kept a record, receipts or bills for any money you claim you spent, any other documents that are relevant to your defense or to the claims you are making, witnesses (like a friend or neighbor who has seen a condition complained of, if conditions are an issue), A tenant may bring a special proceeding in L&T Court to recover possession of premises from which he or she has been forcibly put out or kept out (, a good reason for not appearing in Court, AND. If the petition is for non-payment of rent, please see Tenant Questions & Answers: Nonpayment Eviction Cases in New York State. Give the tenant at least 30 days notice to leave. Originals (not photocopies) may be required, if available. Taken More Than 7,000 Firearms Out of New York Communities Since 2019. Can a Landlord Collect Rent on an Illegal Apartment in Nassau County or Suffolk County Judicial Facilities Agency The Agency was created by Chapter 200 of the Law of 1999, State of N.Y. Even if you agree that you didnt pay the rent or that what the landlord says is right, you should still go to court. Service is finished 10 days after the filing and the defendant's time to Answer starts to run. Do not spend the rent money! When you move out you should give the landlord your forwarding address because 14 days after you move out, the landlord needs to send you an itemized statement of any amount of your security deposit that is kept for damages or back rent and the balance of the money you gave as security. Welcome: To Long Island's Bankruptcy, Foreclosure, Negotiation Bring with you all evidence necessary to prove your claim or your defense. All future court dates, if any, will be set during court proceedings or upon notice by the court. Contact a skilled Suffolk County landlord / Tenant attorney at The Law Office of Shawn R. Kassman, Esq., with offices in Central Islip and Holtsville NY. There are simple steps that you can take to avoid and report rental scams. Bring copies of any letters you may have written to the landlord asking him to make repairs. any photographs youve taken of the premises. HAUPPAUGE - New York Attorney General Letitia James today announced that 462 firearms were turned in at a community gun buyback event hosted by her office and the Suffolk County Police Department. 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. You should speak with an attorney for legal advice on how to properly draft your court documents. As of June 2019, the Notice of Petition and Petition must be served upon the respondent/tenant no more than seventeen (17) days but no fewer than ten (10) days before the court date listed on the notice. The main advantage of a written lease is that your landlord cannot make you move or raise the rent until the lease ends (as long as you pay your rent and follow the rules in the lease, of course) unless you violate something in the lease. If you settle the case, the agreement will be put in writing in a document called a stipulation. For example, if your landlord has been notified that your door lock is broken and doesnt repair it, you may hire a locksmith and deduct the cost from the rent. Need to report an illegal apartment - Holbrook, Suffolk County, Long Island, 25 replies Need information on landlord/tenant rights?, Long Island, 1 replies Tenant rights, help me understand, Long Island, 4 replies Need a Tenant Lawyer (mid suffolk), Long Island, 13 replies 1/2 cello rental in suffolk county, Long Island, 3 replies In most cases, proof of service must be filed with the clerk within three (3) of effecting service. P.C., an attorney and litigator providing excellence in landlord tenant, bankruptcy, foreclosure and debt negotiation, matrimonial and family as well as [] The tenant will be served with a copy of the Notice of Petition that lists the time, date and location to appear in court. At the end of the court case, the judge will tell you when and if you have to move and how much rent you owe. I have been served with eviction papers. This document is necessary to evict the tenant by way of the sheriff. Can a Landlord Enter Without Permission in New York? All Rights Reserved. Here is a list of essential amenities that landlords are or are not responsible for in New York: Landlords are not permitted to evict tenants in retaliation for exercising their legal rights, such as filing complaints about property maintenance with the relevant housing authorities. HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. Evictions Lawyer Suffolk County - Home - Long Island Landlord Tenant Long Island evictions: Small landlords struggling to - ABC7 New York There is strength in numbers. This page outlines the rules that will apply after the current state of emergency is lifted. Landlord's Rights in Suffolk County, NY. Find out if you have done everything you need to, such as writing letters to the landlord telling him about the problem. Privacy Policy, LSCA Newsletters and Training The landlord is responsible for putting a smoke detector in any area where someone sleeps. New York state law adds additional protections for tenants on the basis of age, marital status, military status, sexual orientation, and gender identity. Another way to get your landlord to make repairs is not to pay the rent until he fixes the problem. Volunteer DC-16 (English, Spanish, & Polish) Notice of Appeal - Criminal. Landlord & Tenant Court - Suffolk District Court | NYCOURTS.GOV The sheriff will return at some point after the end of the 14th day to remove you and your belongings from the premises. In New York, landlords must rent out only properties which are habitable. Search. Usually a NOTICE OF PETITION and a PETITION. Finally, this information is not guaranteed to be up to date. One to two weeks before you move out, the landlord must also give you an opportunity to inspect the premises with him or his agent. If the eviction is based on the non-payment of rent, you may pay the landlord at any time prior to the hearing the full amount demanded in the petition. Otherwise, you may pay to repair something and not be entitled to have the money returned. Additional witnesses may be called to testify in support of the landlords claims, and they, too can be cross-examined by the tenant or may be asked questions by the Judge. This is called rent withholding. Its illegal for New York landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations. PDF Changes in New York State Rent Law - Attorney General of New York City code mandates heating capable of 68 degrees-F in all rooms from September 15 to May 31 each year. New York Eviction Laws: The Process & Timeline In 2023 How does the Tenant find out about the court date? Landlord-Tenant (L&T) court cases generally seek the relief of an order of the Court directing the rightful possession of real property residential or commercial back to the landlord. Locations Landlord & Tenant Actions FAQ - Suffolk District Court | NYCOURTS.GOV in the jurisdiction of Suffolk . Landlords do have an obligation to mitigate damages in such a situation, though this depends on the specific circumstances. Ask questions if you do not understand something in the lease. The Landlord-Tenant (Eviction) Courts at the Nassau County District Court and the Suffolk County District Courts (as well as the Courts in the City of Glen Cove, City of Long Beach and East End Towns [Southampton, East Hampton], Westchester County, New York City, etc) are open and operating. Be sure to get and save rent receipts from your landlord for all payments you have made. The Court Clerk will assist you in setting a court date in order to ensure that Court will be in session. If you pay the rent any time up to and including the day you need to appear in court, and sometimes until the eviction date, you will not be evicted. Attorneys must file a proposed JUDGMENT OF POSSESSION (like the Blumberg T-1412, T-1413, or T-1414) and WARRANT OF EVICTION (like the Blumberg T-1408 or T-1409) with the Court Clerk. Be sure to get legal help if you think your landlord is evicting you because youve complained or joined a tenants association. 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. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. Make sure you keep all invoices and take pictures. Bay Shore, NY Property Damage Law Firms - lawyers.com Your landlord may ask you to sign a written lease before moving in. Therefore, if your rent is due on October 1, a proper notice to terminate must be given BEFORE October 1, effective October 31. First and foremost, landlords have a right to timely payment of rent from their tenants, at the agreed-upon rate. Zingman and Associates PLLC represents clients in Landlord Tenant cases in the Suffolk County, New York area. You might want to talk to other tenants in the building to discover any problems they may have had with the landlord or the building. NYC also has additional disclosure requirements such as bedbug history. Include a stamped self-addressed envelope with the proposed papers or written request. If you believe that you have been discriminated against in seeking housing based on Coronavirus, please contact Long Island Housing Services at 631-567-5111 ext. If the tenant/respondent is in default, a non-military affidavit will be required. Free Legal Services | Emergency Rental Assistance Program The Landlord-Tenant (Eviction) Courts ARE Open and Operating | Law Tenants who believe they have been the victim of housing discrimination may file a complaint with the Division of Human Rights in person or. Christian Donald Killoran. (Call NYPIRG for more information see p. 5). Landlord-tenant proceedings are heard every Wednesday at 9:30 a.m., in the main courtroom. Get peer reviews and client ratings averaging 3.0 of 5.0. . You must also be sure to understand the terms of the stipulation which will become a legally binding agreement after reviewed and accepted by the Judge. When you move out, the landlord cannot deduct any of your security deposit based on these pre-existing conditions. Additional Rent Increase Rules: Landlords must also comply with: Notice Period for Rent Increases: Landlords must give 30, 60, or 90 days notice before increasing rent depending on the lease term. The Judge may again ask questions. Suffolk County Landlord-Tenant Lawyer Suffolk County NY If you cannot settle the case, the Judge will have a hearing. If your landlord evicts you illegally, you can sue for three times the damages you suffer. A letter from a landlord or landlords attorney is NOT enough to evict you. Generally, if a diligently prosecuted 2 to 3 months after service. Remember, your landlord may try to evict you if you withhold your rent. If a valid rental agreement exists, New York law ( NY Real Property Law Sec. Call us at Witkon Law to get expert advice right away. Additional testimony and forms of evidence may be elicited from other witnesses called by the tenant. Lease A lease is a written agreement between a landlord and a tenant that contains the terms and conditions of the rental. How long does it take to be evicted in Suffolk County? What happens at the conclusion of my L&T case? 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. Also, check with the landlord about things like trash cans, stove and refrigerator, and storm doors. When a New York landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. If you receive court papers for an eviction, immediately contact an attorney to understand your rights. If you wish to proceed without an attorney, you will be responsible for preparing your papers in accordance with the law, without assistance from the court staff. The Agency is a corporate governmental agency, constituting a public benefit corporation, duly created and is authorized to acquire, erect, build, alter, improve, extend, renovate the Cohalan Court Complex. If you must move, the landlord will ask the judge to sign a paper called a Warrant of Eviction. When theres a habitability issue, they must make needed repairs after receiving notice from the tenant. If you do, the judge will likely decide against you and grant the landlord a court order to evict 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. When its your turn, tell your side of the story clearly and calmly. Read More. Also, the law may vary from state to state, so that some information from our website may not be correct for your jurisdiction. Landlords cannot harass tenants who exercise their rights. You can check ownership records by going to the office of the county clerk and searching to make sure that the person renting to you actually owns the property. 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)). You can seek an adjournment (a delay in the proceeding) and the judge must grant at least a 14-day delay. Legal advice depends upon the specific facts of each situation. 640 Johnson Ave., Suite 8, Need Help? Ask the Court Clerk any questions you have about what to do. This, of course, imposes on tenants a duty to pay their rent in whole, in a timely manner. Our New York landlord-tenant attorneys are based in Garden City, on Long Island, from which we . Read our articles on Tenant Rights in New York - Specifically Nassau County tenant rights, Suffolk County tenant rights, & Squatters rights on long island. If you are an individual who chooses to proceed without an attorney, you will be responsible for preparing your papers in accordance with the law without any assistance from the Court Clerk or the court staff. Nassau County Office. Collections & Holdings: The following laws apply to the collection and holding of a security deposit: Returns & Deductions: The following laws apply to the return of a security deposit: Notice Requirements: If a New York tenant on a periodic lease wishes to break the lease, then they must give the following amounts of notice: Early Termination: New York tenants are allowed to legally break a lease early for the following reasons: Current law does not require landlords to make a reasonable effort to re-rent a unit so tenants may be required to keep paying if they vacate the premises. File the grievance form with the assessor or the board of assessment review (BAR) in your city or town. 1325 Franklin Avenue Grievance procedures - Government of New York Hempstead: 516-292-8100 The landlord is not required to use the security that you paid to cover the rent. The best way to pay your rent is with a check or money order so that you have a record of your payment. A lawyer (if you have one) can put the money in a special bank account called an escrow account. The NYS Attorney General's Tenants' Rights Guide has additional information. Discriminatory Acts & Penalties: The New York State Division of Human Rights handles housing discrimination complaints in the state. You are responsible for any damage to the apartment that you cause aside from normal wear and tear. Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney. Opportunity to Settle the Case Without a Trial or HearingAt the call of the calendar in the courtroom, identify yourself by announcing Here when the Clerk calls your case. A hearing is scheduled 3-8 days after the court receives the tenant's reply. county board of health or their district health office. We are available 24 hours a day, 7 . Attorney General James Issues Tenant Guidance for New Yorkers During Suffolk County, NY Landlord And Tenant Law Firms. If the landlord or the landlord's attorney communicates to the Court that you were served with a Notice of Petition and other required documents, and you do not appear as directed, the case will be decided without you. Keep a copy of the letter. Long Island Landlord & Tenant Lawyer | Nassau & Suffolk County 220-238A) states that landlords have certain rights, such as the right to receive timely rent and the right to be reimbursed for damages that exceed normal wear and tear. Suffolk County, NY Landlord And Tenant Law Firms - Lawyers.com Apart from paying rent in a timely manner, New York tenants must: Landlords in New York are permitted to evict tenants for the following reasons: It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons. You can avoid scams by making sure that the person renting to you actually has the right to do so. There will then be a hearing - whether or not you have an attorney and you may qualify for free counsel. Refusing to rent, sell, or lease housing. The lease gives you the right to quiet enjoyment of the property until the lease end date. Bring pictures that show any serious problems with the premises. Most people pay their rent once a month. A Notice of Termination is given to a tenant to end the tenancy. Your name and the landlords name will be at the top of the page in a box. Service must be in full compliance with the law. Reginald A Jacobs. Your landlord may try to evict you for not paying your rent if you take this action. To grieve both assessments, you are required to file a separate Form RP-524 with both the town and village. The deposit you give your landlord is still your money and cannot be spent by the landlord. Integrated Pest Management follows the principles of preventing entry, inspecting, monitoring, and treating pests on an as needed basis. Verified Attorney. Your landlord may make the repairs if you withhold the rent. PDF Residential Tenants' Rights Guide - Attorney General of New York A confidential consultation will provide guidance and insights to both tenants and landlords alike.