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I have been served with eviction papers. For over 12 years, the Murtha Law Firm has affordably taken the pain & stress out of the eviction process, and our goal is to resolve matters as fast as legally allowable under the law. This is called retaliatory eviction and it is against the law. Suffolk County Judicial Facilities Agency The Agency was created by Chapter 200 of the Law of 1999, State of N.Y. Llame a Long Island Housing Services al 631-567-5111 ext. The important thing to remember is that you have a legal contract with your landlord, even if it is not in writing. 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. Talk to a lawyer to see if the problem is serious enough to withhold rent. Your landlord can keep all or part of your security deposit to pay for any damages that you cause. If there is an elevator, your landlord must put a mirror inside so you can see if anyone is already in it. The steps your landlord needs to take if he wants you to move depend on two things: (1) whether or not you have a written lease and. Therefore, if your rent is due on October 1, a proper notice to terminate must be given BEFORE October 1, effective October 31. In the District, Civil, Town and Village Courts, defendant's time to Answer starts . Be ready to tell the judge why you shouldnt have to move. If the utility meter is shared with others in the building, the law requires the landlord to have the meter in his name. If the landlord does not follow the law, you cannot be evicted. mechanisms or stove knob covers. The official statement can be found here. The landlord is not required to use the security that you paid to cover the rent. Save all your rent receipts. If a valid rental agreement exists, New York law ( NY Real Property Law Sec. 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. Before you agree to pay rent or a security deposit for a new place to live, inspect the apartment or house carefully. You can make these repairs and clean before you move out to avoid having them deducted from your security deposit. The listing below provides the contact information for each county. Otherwise, you may pay to repair something and not be entitled to have the money returned. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Sometimes, you wont be able to find any available housing and want to move back into your home. 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. He cannot just throw you out anytime he wants. Nothing on this website constitutes legal advice. If you do not move out on the day that the tenancy ends, the landlord must bring you to court. If you receive court papers for an eviction, immediately contact an attorney to understand your rights. Bohemia, NY 11716-2624 The Legal Process For Evicting Your Tenant Eviction proceedings for property located in the Town of Brookhaven take place in the Sixth District Court of Suffolk County, located at 150 West Main Street in Patchogue. Also, the law may vary from state to state, so that some information from our website may not be correct for your jurisdiction. Landlords want to take all necessary precautions to ensure the safety of their tenants, and tenants want to trust that the property they are renting is safe. If the landlord does not follow the law, he is liable for damages, up to twice the amount of your security deposit. Advertising that indicates discriminatory preferences. Most landlords require tenants to pay a security deposit. Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney. The following behaviors have been identified as potentially discriminatory when directed at a member of a protected group: Tenants who believe they have been the victim of housing discrimination may file a complaint with the Division of Human Rights in person oronline. Keep in mind that the day you were served doesnt count toward the 14 days. 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. 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. 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. If the landlord agrees to let you use the security to cover a months rent, make sure this agreement is in writing and signed by the landlord. The likely result of which is that there will be a Judgment of eviction. HearingGenerally, the landlord presents his or her case first. Lease A lease is a written agreement between a landlord and a tenant that contains the terms and conditions of the rental. The landlords right to enter the premises requires your permission. Landlords do have an obligation to mitigate damages in such a situation, though this depends on the specific circumstances. Local Suffolk County NY Landlord & Tenant Lawyers (39 results) Filter Filter Clear all REVIEWS and up and up and up and up Credentials Super Lawyers rated FEATURES Offers virtual appointments Offers free consultation FEES & PAYMENTS Payments plans available Accepts credit cards SHOW BY DISTANCE 10 mi 30 mi 60 mi All LANGUAGE Apply Filters Last Updated: Ask him what to do in case of an emergency. If the police say they cant do anything, and you live in Suffolk County, mention the #92-1. Be sure to get and save rent receipts from your landlord for all payments you have made. 1. For any rental property with three or fewer units. When its your turn, tell your side of the story clearly and calmly. After the WARRANT OF EVICTION is filed with the Sheriff, a Deputy Sheriff will post a 14-DAY NOTICE for you to leave the premises. Ask the Court Clerk any questions you have about what to do. A Notice of Termination is given to a tenant to end the tenancy. Write a letter to the landlord saying that you are going to withhold the rent and why. Advisement of Right to Appeal. T: 631.669.6300 F: 631.669.6333 E: jclark@clarkslaws.com Suffolk County Office. How does the Tenant find out about the court date? See the topics below for more information. New York eviction law firm. (2) whether or not you have paid your rent. If the house is supposedly being rented by a property management company, you can check out the authenticity of the company. But you may not be able to get a lawyer to represent you. If your landlord still refuses to fix the problem, you must decide if it is serious enough to fight. Effective January 1, 2018 Suffolk County local law will require stores to charge customers a minimum fee of 5 cents on carryout bags that are provided at retail stores. Landlords are required to make necessary repairs in a timely manner. If youve been illegally evicted and you need help relocating, you should call DSS to arrange for emergency housing and storage. Need Help? The landlord then gives the warrant to the Sheriff who will eventually give you a 14-day notice and warrant of eviction. A NOTICE OF PETITION must be issued by an attorney or the Court Clerk to compel the appearance of the tenant in Court. 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. 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. Do not spend the rent money! Most people pay their rent once a month. Some ways of making you move are never legal. This doesnt mean, however, that you shouldnt immediately start searching for other housing once an eviction seems likely. 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. We are available 24 hours a day, 7 . Unique in our multifaceted services and unparalleled in our commitment to fair housing advocacy and enforcement, Long Island Housing Services is nationally recognized and is one of the earliest private, fair housing nonprofits established in the USA. You must prove to the agency that you will be able to pay the ongoing rent after DSS pay the back rent. Keep a copy of the letter. 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. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. The tenant will then be sworn as a witness to give his or her side of the story and present evidence. Refusing to rent, sell, or lease housing. A lawyer will be very helpful in court. The Judge may again ask questions. Always get a signed receipt for your rent. You might also contact Nassau/Suffolk Law Services and Long Island Housing Services, Inc for assistance. The landlord or the landlord's attorney will have a process server or any non-party over the age of eighteen (18) serve a copy of the papers filed with the Court on each tenant. The deposit you give your landlord is still your money and cannot be spent by the landlord. If the Judge agrees with the objection, the Judge will say sustained and the evidence will not be admitted. 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. Descargue GRATIS la Gua de Vivienda Justa, Long Island celebra el 50 aniversario de la Ley de Vivienda Justa, New York State Attorney Generals Guide to Changes in Rent Law, New York State Attorney Generals Tenants Rights guidebook in 7 languages, Guidance to Law Enforcement on Illegal Lockouts, LIHS Tenant rights in foreclosed properties, Inquilinos en Bienes Adjudicados: Lo Que usted Debe Saber-Espaol. Let him know when you will have the rent money. To qualify as a small claim, the amount cannot exceed $3,000 if filed in a Town or Village Court, and $5,000 if filed in a City or District Court. 375 or info@LIFairHousing.org to speak to a trained Fair Housing Investigator. 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. Landlords also 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. Our Team Your rights would best be protected with the assistance of an attorney. Whether your lease says so or not, your landlord must make sure that your rental space is safe and livable: If you live in an apartment building with three or more apartments your landlord has special responsibilities in making your apartment a safe and comfortable place for you to live: You are responsible for paying your rent on time. Talk to your future landlord and find out when he will fix any problems. 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. Position Statement In Solidarity With The Black Community read more Founded in 1964, our agency has over. The same rules do not apply to holdover proceedings. Then, prioritize the problems and get started! This case was filed in Suffolk County Superior Courts, with None presiding. Landlords cannot harass tenants who exercise their rights. After each tenant is served with a copy of the papers, the process server must swear on a form called an AFFIDAVIT OF SERVICE as to how the papers were served. 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 Your name and the landlords name will be at the top of the page in a box. If you can, take pictures of each room. If your landlord turns off your utilities, you can also call the Suffolk County Department of Health Services at 631-852-5900 or in Nassau, 516-227-9715 to ask for them to step in. You should only withhold the rent if there are bad health or safety problems in your home. county board of health or their district health office. Tenants who believe they have been the victim of housing discrimination may file a complaint with the Division of Human Rights in person or. In most buildings, unless there is a doorman, all doors to enter the building must close and lock automatically. For other kinds of evictions, or if the available forms are not for you, a NOTICE OF PETITION and PETITION would need to be drafted by an attorney. In Suffolk County, however, the District Court has traditionally taken a much stricter approach to illegal rentals. If you were served with a holdover petition, please see Tenant Questions & Answers: Holdover Eviction Cases in New York State. Go to court on the day stated in the Notice of Petition, even if you dont have a lawyer. This Court strongly recommends that you retain an attorney. Self-represented landlords must request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT. Cross-examination and perhaps additional questioning by the Judge may follow suit for each witness called. If you pay your rent with cash or a money order, the landlord must give you a written receipt under the law. Contact the Towns Building Inspector (also called a Code Enforcement Inspector), the Fire Marshall or the Countys Department of Health (for things like no heat, cesspool backup, and lead paint issues) to look at the problem. When the landlord or the person on the landlords behalf has finished testifying, the tenant has the right to ask questions. Read More. If the landlord does not give you this statement and your money within 14 days, he cannot keep any of the security deposit. The Attorney General's Office is continually monitoring landlord rights across the state to make sure no tenant is being harassed or discriminated against. Periodically, the forms will be updated, so please check back periodically. This entire legal process will take several weeks before the sheriff is actually knocking at the door. 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. If repairs arent made in a timely manner, New York tenants can sue for costs, or a court order to force the landlord to make repairs. Board of Directors Take your time and think before you speak. This may be served personally, but if you are not home, the sheriff will leave it with another responsible person who lives in your household OR will leave it on your door, window, or in your mailbox and mail it as well. Your landlord can evict you for not paying the rent. Retaliating against tenants who testify against their landlord. Find out if you have done everything you need to, such as writing letters to the landlord telling him about the problem. Probably. A tenant who decides not to renew at the end of a fixed term lease need not give any notice. Landlord Tenant Lawyer Serving Suffolk County, NY. 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. Proper Pest Management Practices for Landlords and Tenants Integrated Pest Management is geared toward longterm prevention or elimination of pests that does not solely rely on pesticides. New York City residential hotel owners and tenants are governed by the rent stabilization law, enforced by the DHCR. (631) 878-8757. Tenants associations are easy to start. If you will be paying your own heat and electricity, request the name of the fuel oil or gas company that provides the fuel and check with LIPA to obtain copies of old utility bills for that house or apartment. of the person who received the rent. The claim limit in New York City Small Claims Court is $10,000. MORE CORONAVIRUS COVID-19 COVERAGE New Jersey COVID-19 Vaccine Tracker Proceedings to recover real property require knowledge of the law and familiarity with local rules and practices. 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. You should speak with an attorney for legal advice on how to properly draft your court documents. 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. 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. Remember, your landlord may try to evict you if you withhold your rent. . Discriminatory Acts & Penalties: The New York State Division of Human Rights handles housing discrimination complaints in the state. 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. 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 a settlement you can help determine the outcome of your case. 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 appropriate way to object is to say objection. The Judge may then ask the basis for the objection. All future court dates, if any, will be set during court proceedings or upon notice by the court. Employment/Internship Opportunities Many cities in New York have their own landlord-tenant laws in addition to the state requirements. If the tenant wishes to terminate a month-to-month tenancy, the tenant should give the landlord notice a full month before they intend to vacate the premises. The Court will generate the appropriate papers. Legal Rights of New York State Tenants Smoke-Free Laws The New York State Clean Indoor Air Act prohibits smoking in any indoor areas within "places . Veterans, What We Do Call today!
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