The Law Office of Shawn R. Kassman Esq. Retaliating against tenants who testify against their landlord. Take a friend with you and write down anything that needs to be fixed. If a valid rental agreement exists, New York law (NY Real Property Law Sec. The listing below provides the contact information for each county. The landlord is responsible for putting a smoke detector in any area where someone sleeps. The Suffolk County Sheriff must give at least 14 days notice (a 14 DAY NOTICE) after the expiration of any and all stays directed by the Judge before evicting a tenant/respondent from the premises. Grievance procedures - Government of New York Only the sheriff can move your things out if he has a court order and has served you with a 72-hour notice. New York City residential hotel owners and tenants are governed by the rent stabilization law, enforced by the DHCR. For the majority of L&T cases, there are specific legal prerequisites (Predicate Notice) to the institution of your proceeding to recover real property (such as a five (5) day late rent reminder and a fourteen (14) day rent demand for Non-payment proceedings; and a ten (10) day notice, a thirty (30) day notice, a sixty (60) day notice, a ninety (90) day notice, or a notice of longer duration in a majority Holdover proceedings). Where a town ordinance prohibited renting without a rental permit, the absence of such a permit by the landlord would generally lead to the dismissal of a non-payment action. 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. Let him know when you will have the rent money. 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. T: 631.669.6300 F: 631.669.6333 E: jclark@clarkslaws.com Suffolk County Office. New York Attorney . Call Law Services as soon as you received court papers and we will try to help if youre eligible and we have an available attorney. The material contained on this site cannot replace the advice of competent legal counsel licensed in your state. The two most common types of eviction proceedings are: There are other types of L&T proceedings (some are listed in RPAPL 713 and RPAPL 715). Sometimes a Judge may ask some questions to clarify matters. DFS will seek to determine whether the property is subject to a mortgage, and, if so, to identify the party responsible for inspecting, securing and maintaining the property in . Remember, your landlord may try to evict you if you withhold your rent. However, you can request a written receipt for your personal check. R. David Ades graduated from Benjamin N. Cardozo School of Law and began his legal career handling all areas of corporate law, real estate transactions and commercial transactions. (2) whether or not you have paid your rent. Bring pictures that show any serious problems with the premises. If your landlord takes you to court be ready to show the judge that: There is a serious health or safety problem in your home. Housing Law 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. Christian Donald Killoran. The Landlord and Tenant Guide to Pest Management--The Key to Safe Pest 438 Smithtown Blvd #9 Apartments - Lake Ronkonkoma, NY 11779 Special note: In Suffolk County, a landlord must offer a written lease of at least one year in buildings with 3 or more apartments. In New York, repairs must be made within a reasonable time (usually under 30 days) after getting written notice from tenants. April 16, 2020. It can take a month or more for the sheriff to then evict. 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. Integrated Pest Management follows the principles of preventing entry, inspecting, monitoring, and treating pests on an as needed basis. Ask questions if you do not understand something in the lease. In a month-to-month tenancy, you or the landlord can give either verbal or written notice when you want to change the agreement. T: 202-708-1112 You are responsible for paying the rent on time. Eviction Lawyer for Nassau County & Suffolk County NY | Murtha Law Firm Cross-examination and perhaps additional questioning by the Judge may follow suit for each witness called. Reginald A Jacobs. Under new laws, security deposits in New York will be limited to the equivalent of one month's rent. Where there are several apartments in your building, sometimes the best way to solve problems is to form a tenant association. Attorneys may submit a proposed MONEY JUDGMENT and pay the fee for a TRANSCRIPT OF JUDGMENT at the time the WARRANT and JUDGMENT are submitted, and the Clerk will issue the TRANSCRIPT OF JUDGMENT to be used in enforcing any money judgment. If you are a New York City resident, please visit the NYC Legal Services for Tenants website. File the grievance form with the assessor or the board of assessment review (BAR) in your city or town. Board of Directors New Protections for NY State Renters 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. You must take the right steps to protect yourself. If the landlord does not follow the law, you cannot be evicted. If the Judge disagrees with the objection, the Judge will say overruled and the evidence will be admitted and considered by the Court, or jury, if the hearing is proceeding by jury trial. Your landlord can keep all or part of your security deposit to pay for any damages that you cause. (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. Social Security The Court will generate the appropriate papers. U.S. Department of Forms - Suffolk District Court | NYCOURTS.GOV - Judiciary of New York If the landlord wins, the landlord is granted possession of the property. New York eviction law firm. When the landlord or the person on the landlords behalf has finished testifying, the tenant has the right to ask questions. 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 (Call the NY Public Interest Research Group NYPIRG for information on Small Claims at 516-222-0086). 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. The judge may say that you do not owe all the rent money because your home had serious problems. If you qualify, the Department of Social Services may assist you with your security deposit. The landlord is not required to use the security that you paid to cover the rent. 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. You can avoid trouble later on by being careful when you first rent a house or apartment. 104 Lewis Street, Southampton, NY 11968 is a single family home not currently listed. Find Top Suffolk County, NY Landlord Tenant Law Lawyers Near You copies of all correspondence with the landlord. Suffolk County Landlord Tenant Lawyers | Compare Top Rated New York of the person who received the rent. You can make these repairs and clean before you move out to avoid having them deducted from your security deposit. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. 1. 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). Yes, squatters enjoy various rights and protections in NYC and NY State. 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. Find your new home at 438 Smithtown Blvd #9 located at 438 Smithtown Blvd #9, Lake Ronkonkoma, NY 11779. If you are short of money and cannot pay your rent, there are a few things that you can do. (Also, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent). New York Landlord-Tenant Laws Regarding Mold: Know Your Rights Whether you are a landlord or a tenant, mold in a rental property is concerning. First and foremost, landlords have a right to timely payment of rent from their tenants, at the agreed-upon rate. If a valid rental agreement exists, New York law ( NY Real Property Law Sec. A lawyer (if you have one) can put the money in a special bank account called an escrow account. Additional testimony and forms of evidence may be elicited from other witnesses called by the tenant. New York Landlord Tenant Laws [2023]: Renter's Rights & FAQs (718) 487-3303. Take your time and think before you speak. New York considers substantial code ordinance violations as initial proof that the landlord has violated the warranty of habitability. All Landlord & Tenant Court courthouses are open Monday - Friday from 9 a.m. to 5 p.m. and are closed and locked from 1 p.m. to 2 p.m. All business must be commenced by 12:30 p.m. in the morning session and 4:00 p.m. in the afternoon. New York Eviction Laws: The Process & Timeline In 2023 In Suffolk County, however, the District Court has traditionally taken a much stricter approach to illegal rentals. If late fees are included in your lease, the landlord cannot charge late fees that are greater than either 5% of the months rent or $50, whichever is less. 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. Call us at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. For any rental property with three or fewer units. What happens if I am a tenant and I do not appear in Court after receiving a NOTICE OF PETITION? The deposit you give your landlord is still your money and cannot be spent by the landlord. 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. This is called rent withholding. If you must move, the landlord will ask the judge to sign a paper called a Warrant of Eviction. Need Help? Try to work out an agreement with your landlord and get it in writing. This includes written agreements, leases, receipts and photographs. 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. If you have not been able to find other housing by the time you receive the 14-day notice, you may be eligible for emergency housing and storage assistance from DSS.
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