Setting your location helps us find resources in your county. The same rules do not apply to holdover proceedings. How does the Tenant find out about the court date? In a settlement you can help determine the outcome of your case. If you think a landlord has discriminated against you, you can complain to Long Island Housing Services at (631) 567-5111. Do not spend the rent money! landlord, building manager, etc.) Hempstead: 516-292-8100 Or he may take you to court to try to evict you for not paying the rent. You can also file a fair housing complaint with HUD at (800) 669-9777. 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. If a valid rental agreement exists, New York law (NY Real Property Law Sec. TENANT RIGHTS | Nassau County, NY - Official Website 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. Apart from reimbursement for unpaid rent or damage to the property, the landlord does not have a right or privilege to spend the money from a tenant's security deposit. Employment/Internship Opportunities You must appear in court on the date and time stated in the Notice of Petition served on you by the landlords process server. Experienced New York City Landlord Tenant Attorney! Filing an Affidavit of Service | NY CourtHelp It is important to know what these responsibilities are, and to take steps to protect them: Your landlord also has responsibilities when he rents you a place to live. Education Call me RIGHT now for a FREE consultation - Click to Call -> (631) 747-0356. If the petition is for non-payment of rent, please see Tenant Questions & Answers: Nonpayment Eviction Cases in New York State. Legal assistance New York City Commission on Human Rights complaints - (212) 306-7450 (local law protects from discrimination based on source of income, including HCV/Section 8) Need Help? If you do, the judge will likely decide against you and grant the landlord a court order to evict you. . Call today! Keep copies of ALL paperwork relating to your tenancy and keep them in a safe place. Judges will often give you extra time to move, especially if you have kids. Get to court on time and dress neatly. Or, tell the judge how long you will need to move and ask for more time (if you need it). The landlords right to enter the premises requires your permission. Tambin puede enviar un correo electrnico a info@LIFairHousing.org. The landlord is not required to use the security that you paid to cover the rent. Long Island Landlord & Tenant Lawyer | Nassau & Suffolk County You should speak with an attorney for legal advice on how to properly draft your court documents. The Landlord and Tenant Guide to Pest Management--The Key to Safe Pest 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. HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. Please consult with an attorney if you have questions regarding the timing of notices provided in your case. If you must move, the landlord will ask the judge to sign a paper called a Warrant of Eviction. MORE CORONAVIRUS COVID-19 COVERAGE New Jersey COVID-19 Vaccine Tracker New Protections for NY State Renters 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. Make sure you find out if the home is a foreclosure. Need Help? NY and Suffolk County, New York Open for Business. 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. The likely result of which is that there will be a Judgment of eviction. The money you provide the landlord is still technically your money. Also, you are entitled to receive a signed copy of the lease. The material contained on this site cannot replace the advice of competent legal counsel licensed in your state. Vacant and Abandoned Properties | Department of Financial Services New York State Bar of New York and Academy of Trial Lawyers. You can contact the Suffolk County Bar Association for a free or low-fee consult. Housing and Urban Development, U.S. Department of Housing and Urban Development, 451 7th Street, S.W., Washington, DC 20410 Donations Talk to your future landlord and find out when he will fix any problems. 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. (Call NYPIRG for more information see p. 5). If you have not paid the rent and the landlord decides to evict you, he must then give you a written 14 day notice demanding the rent and serve it in the same way he needs to serve court papers. Evicting Your Tenant in the Town of Brookhaven - Landlord Lawyer 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. Fortunately, the landlord must try to rent it as soon as possible to lessen what you will not need to pay. Your landlord can evict you for not paying the rent. These can also be signs of a rental scam. Subscribe The Court will generate the appropriate papers. City code mandates heating capable of 68 degrees-F in all rooms from September 15 to May 31 each year. 8 Important Facts About New York Landlord and Tenant Law PDF New York Tenant's Guide to Smoke-Free Housing Thats why it is important for renters to be on guard against rental scamsand one of the best ways to do this is to be informed! Most people pay their rent once a month. New York rental agreements can be either written or oral. However, you can request a written receipt for your personal check. 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 Privacy Policy, LSCA Newsletters and Training If you are a tenant involved in a dispute with your landlord, it is important that you document everything and communicate with your landlord in writing. (914) 361-4500. Read our articles on Tenant Rights in New York - Specifically Nassau County tenant rights, Suffolk County tenant rights, & Squatters rights on long island. Give the tenant at least 30 days notice to leave. Always read a written lease very carefully BEFORE you sign it! The important thing to remember is that you have a legal contract with your landlord, even if it is not in writing. 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. Under new laws, security deposits in New York will be limited to the equivalent of one month's rent. This is called rent withholding. By law, the lease must be written in clear, plain English. Another possible downside to a written lease is it may include the promise to pay attorneys fees in case of an eviction (this is the only way a landlord can charge you attorneys fees). Evictions Lawyer Suffolk County - Home - Long Island Landlord Tenant 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. The information contained in this material is not legal advice. Free Legal Services | Emergency Rental Assistance Program The judge will decide in court whether it was okay for you to repair and deduct. Ask him what to do in case of an emergency. Any such call demanding money for bail is being initiated by a third party and not by the Legal Aid Society of Suffolk County and you should immediately contact your local police and/or law enforcement agency to report this crime. A tenant with a month to month tenancy must tell the landlord they are not renewing one month in advance. You should not disturb them by being too noisy or cluttering up common areas such as hallways. A confidential consultation will provide guidance and insights to both tenants and landlords alike. Important Dates and Events Once you sign the lease, but before you move in, the landlord has a duty to offer you an opportunity to inspect the premises with him or his agent and enter into a written agreement listing the condition of the premises, specifically the existing defects or damages. Many cities in New York have their own landlord-tenant laws in addition to the state requirements. What happens if I am a tenant and I do not appear in Court after receiving a NOTICE OF PETITION? Often, landlords will listen more to a group of people than to just one person. Follow these steps carefully: The judge will decide if the problem was serious enough to withhold the rent. The Court Clerk will review your forms if you have no attorney and sign the NOTICE OF PETITION only if the papers are correct. 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. Retaliatory eviction can be hard to prove. Landlord & Tenant Rights - Long Island Housing Services, Inc. If youve been illegally evicted and you need help relocating, you should call DSS to arrange for emergency housing and storage. In New York, if a person lives on a property openly and adversely without the owner's permission for at least 10 uninterrupted years, that person can make an adverse possession claim, provided that they have paid the taxes throughout the teen years. Find the right Bay Shore, NY Property Damage lawyer from 8 local law firms. One disadvantage of a written lease would occur if you want to move out before the lease ends. The old bills will give you a history of past costs and a good idea of how much you will be paying for utilities and/or fuel each month. Call us at Witkon Law to get expert advice right away. the address and whether its a house, apartment, etc.) File the grievance form with the assessor or the board of assessment review (BAR) in your city or town. There are various court proceedings to remove a tenant. However retaliatory eviction is generally not a defense if the landlord is taking you to court for not paying your rent. 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. The Judge may grant a DEFAULT JUDGMENT against you. New York Eviction Laws: The Process & Timeline In 2023 Call us at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. If you are confident that the person renting to you is legally authorized to do so, the first thing you will want to know, of course, is the amount of the rent. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. 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. For example, many NYC units are covered under rent stabilization ordinances which set restrictions on rental prices. New York City loft owners and tenants are governed by Multiple Dwelling Law, Article 7-C, enforced by the New York City Loft Board. Possibly, dependent upon the particular circumstances of your situation. Westchester County, NY Landlord Tenant Attorney. However, a landlord must give tenants reasonable notice (at least 24 hours, in most cases) before entry, unless its an emergency. Verified Attorney. Other tenants in your building also have rights, and you must respect them. Frequently Asked QuestionsHow to request a stay of eviction or vacate a default L&T judgment (DC-420). Rent Increases: The maximum rent increase percentages change annually and depend on the location of the rental unit and whether it is protected by rent control or rent stabilization. Security deposits protect the landlord in case there is damage to the property. This is a 5-bed, 6.5-bath property. The landlord is responsible for putting a smoke detector in any area where someone sleeps. Can I evict my son / girlfriend / roommate? Suffolk Landlord Tenant Law - The LPA 378 para hablar con un investigador capacitado en equidad de vivienda. HearingGenerally, the landlord presents his or her case first. Whatever the issue or concern, we can help. 375 or info@LIFairHousing.org to speak to a trained Fair Housing Investigator. Board of Directors Last Updated: This case was filed in Suffolk County Superior Courts, with None presiding. Landlord & Tenant Court - Suffolk District Court | NYCOURTS.GOV The landlord must tell you how much was deposited and the name and address of the bank where he or she put the money. Forms - Suffolk District Court | NYCOURTS.GOV - Judiciary of New York 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. If the person you want to evict is not a tenant, or if you are not the landlord, you may be able to evict them, but not with these court forms. Your landlord may make the repairs if you withhold the rent. Keep an eye out for landlords or property managers who do not want to have a rental contract, or who ask for deposits that are abnormally small. Nassau County Office. If the Judge agrees with the objection, the Judge will say sustained and the evidence will not be admitted. 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 Landlord Tenant Lawyers | Compare Top Rated New York Suffolk County Landlord Tenant Attorneys - LII New York Attorney Directory Evictions are filed pursuant to Article 7 of the Real Property Actions and Proceeding Law (RPAPL) summary proceedings to recover possession of real property. If your apartment had serious problems, you may be able to get the judge to decide that you should have money taken off the rent. Read More. NSLS Programs. The lease gives you the right to quiet enjoyment of the property until the lease end date. Bring photocopies of documents that help you prove your arguments. This page outlines the rules that will apply. The Law Office of Ronald D. Weiss, P.C., is a law firm comprised of attorneys and legal staff, that for almost 30 years, has concentrated in legally representing residents of Suffolk County and Nassau County, Long Island, New York, in bankruptcy cases under Chapters 7, 11, and 13 of the Bankruptcy Code, foreclosure defense litigation, mortgage . 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. Your name and the landlords name will be at the top of the page in a box. For any rental property with three or fewer units. Know your rights and responsibilities as a tenant. You may be able to get one months rent from other agencies or even agencies that get federal money (called FEMA) that is put aside to help people in your situation. Attorney General James Announces 462 Guns Turned in at Hauppauge Gun On April 10, 2023, Carrington Mortgage Services, Llc filed a Foreclosure - (Property) case represented by Abdellah, Amani Sahar against John Doe 1 Through John Doe 12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, Or Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises et al. You must let the landlord have access to the apartment to make repairs and collect the rent. New York City has several local laws and regulations for landlords and tenants. and the signature and title (i.e. Suffolk County Illegal Rental - Tenant Rights (Islip, Huntington If you were served with a holdover petition, please see Tenant Questions & Answers: Holdover Eviction Cases in New York State. Talk to a lawyer before you withhold your rent. Find the right Suffolk County, Ny Landlord And Tenant lawyer from 129 local law firms. Anything that will help prove the facts in dispute should be brought to Court. You can also look up your next court date on WebCivil Local by searching by index number, party name, attorney name, or judge name, or calendar information by court, judge and part. . 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. 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. These cases are special proceedings filed pursuant to RPAPL Article 7A: special proceedings to remedy conditions dangerous to life, health or safety. No settlement is final until the stipulation is reviewed by a Judge. A tenant who decides not to renew at the end of a fixed term lease need not give any notice. You must take the right steps to protect yourself. When your landlord sees that you spent part of your rent on repairs, he may try to evict you. 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. This is important, in case you have a problem getting your security deposit back. How long does it take to be evicted in Suffolk County? The sheriff cannot evict you on a weekend or state holiday. If you do not have a lawyer, get a money order or bank check for the amount of the rent. If the next date is provided by notice from the court, the court will notify parties of the next court date by mail and provide instructions on ways to attend virtually if applicable. Suffolk County Tenant Lawyer | Suffolk County Landlord Attorney | NY 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. 438 Smithtown Blvd #9 Apartments - Lake Ronkonkoma, NY 11779 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. If you qualify, the Department of Social Services may assist you with your security deposit. If it is, you should try and talk to a lawyer before you take any of the next steps. You can make these repairs and clean before you move out to avoid having them deducted from your security deposit. Your Case Will Be CalledCheck to make sure your case is on the calendar, posted in the courthouse. Another way to get your landlord to make repairs is not to pay the rent until he fixes the problem. April 16, 2020. Riverhead: 631-369-1112 Yes, under certain circumstances, a tenant may commence a proceeding against can bring a landlord in to L&T Court. It is illegal for your landlord to lock you out, shut off your heat/water, take the doors off your apartment or remove your possessions without a court order. Free Consultation Lawyers: Mark J. Goldsmith Frank M. Maffei Jr. Edward A. Robertson. Rent Control: New York has rent control and state law allows local governments to create their own rent control laws. If the landlord does not follow the law, he is liable for damages, up to twice the amount of your security deposit. How do I ask a Judge to vacate a default judgment and stay my eviction? I have been served with eviction papers. 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.
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