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. 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. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. A written lease is a written agreement signed by both you and your landlord. HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. Proceedings to recover real property require knowledge of the law and familiarity with local rules and practices. The lease gives you the right to quiet enjoyment of the property until the lease end date. The landlords right to enter the premises requires your permission. This case was filed in Suffolk County Superior Courts, with None presiding. Landlord Tenant Lawyer Serving Suffolk County, NY. How do I ask a Judge to vacate a default judgment and stay my eviction? Volunteer You should not disturb them by being too noisy or cluttering up common areas such as hallways. 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. Please give us a call if you have any questions about . Know your rights and responsibilities as a tenant. If you think a landlord has discriminated against you, you can complain to Long Island Housing Services at (631) 567-5111. Welcome: To Long Island's Bankruptcy, Foreclosure, Negotiation Landlord Tenant Law & Evictions in Nassau County and Suffolk County, Long Island, New York is all we do. Your landlord may make the repairs if you withhold the rent. Always get a signed receipt for your rent. (914) 361-4500. You can also file a fair housing complaint with HUD at (800) 669-9777. You cannot be evicted unless the landlord takes you to court and wins. 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. Long Island Landlord & Tenant Lawyer | Nassau & Suffolk County 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. You must explain to the Judge in your papers that you have. Sometimes a Judge may ask some questions to clarify matters. (718) 487-3303. DC-149R. Get peer reviews and client ratings averaging 4.5 of 5.0. . This is called a month-to-month tenancy. 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. In a month-to-month tenancy, you or the landlord can give either verbal or written notice when you want to change the agreement. 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. (CPLR 321(a)). When its your turn, tell your side of the story clearly and calmly. Law Firms Lawyers 129 results Client Reviews . Send a copy of it to the landlord to show that you have the rent but are not going to give it to him until the repairs are made. 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. What is a Landlord-Tenant (L&T) court case? You should only withhold the rent if there are bad health or safety problems in your home. You only need to do it once and then the landlord must give you a receipt for your personal check each and every time you pay rent. The information contained in this material is not legal advice. 1325 Franklin Avenue Can a Landlord Collect Rent on an Illegal Apartment in Nassau County or Get a receipt for your security deposit and save it. The Clerk will mail the papers to the attorney of record or if there is no attorney, to the self-represented landlord. Get to court on time and dress neatly. and of the tenants right to inspect the property before occupancy. 378 para hablar con un investigador capacitado en equidad de vivienda. When the landlord or the person on the landlords behalf has finished testifying, the tenant has the right to ask questions. Contact Us Visit Website View Profile. copies of all correspondence with the landlord. The landlord is not required to use the security that you paid to cover the rent. You are responsible for paying the rent on time. The new law adds some protections for tenants who move out before the lease or rental agreement ends. If the landlord wins, the landlord is granted possession of the property. Integrated Pest Management follows the principles of preventing entry, inspecting, monitoring, and treating pests on an as needed basis. You can seek an adjournment (a delay in the proceeding) and the judge must grant at least a 14-day delay. The judge will decide in court whether it was okay for you to repair and deduct. Read your lease agreement carefully! 57 West Main St Suite 220 Babylon, New York 11702. A tenant who decides not to renew at the end of a fixed term lease need not give any notice. A NOTICE OF PETITION must be issued by an attorney or the Court Clerk to compel the appearance of the tenant in Court. If the landlord has not received your rent within 5 days of the day it is due, he must send you a notice stating he has not received the rent. Long Island evictions: Small landlords struggling to - ABC7 New York For more information about Landlord Tenant ADR click here. A tenant might sue a landlord in Small Claims Court if money is owed after the tenant has moved out of the rental. 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. If you can, take pictures of each room. If your landlord evicts you illegally, you can sue for three times the damages you suffer. 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. Refusing to rent, sell, or lease housing. Fair Housing Laws protect Immigrants, Refugees, and People of all Religious Faiths. The Court Clerk will review your forms if you have no attorney and sign the NOTICE OF PETITION only if the papers are correct. Accessibility, Consumer Law 3105 Veteran's Memorial Highway, Ronkonkoma, NY 11779 calendars are usually scheduled at 9:30 a.m. Llame a Long Island Housing Services al 631-567-5111 ext. What should I bring to Court on the court date? In Suffolk County, before a landlord can evict a tenant from the property, he or she must first notify the tenant that he or she is terminating the tenancy. Periodically, the forms will be updated, so please check back periodically. 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. Suffolk County Legal Aid Society Find the right Suffolk County, Ny Landlord And Tenant lawyer from 129 local law firms. Bay Shore, NY Property Damage Law Firms - lawyers.com A hearing is scheduled 3-8 days after the court receives the tenant's reply. 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. Sometimes, landlords will try to evict you because you have complained about conditions in your home to either the landlord or his agent or government agencies or because you joined a tenants association. Overview of Landlord-Tenant Laws in New York | Nolo The Law Office of Shawn R. Kassman Esq. 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 . 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. When theres a habitability issue, they must make needed repairs after receiving notice from the tenant. Inform the landlord of any repair or maintenance issue. On occasion, Tenants may also file L&T cases either following an unlawful eviction (self-help by the Landlord) or to require a Landlord to fix a dangerous or life-threatening condition at the property. By law, the lease must be written in clear, plain English. Discriminatory Acts & Penalties: The New York State Division of Human Rights handles housing discrimination complaints in the state. 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)). New York considers substantial code ordinance violations as initial proof that the landlord has violated the warranty of habitability. In addition, even if you appeared in Court, but seek additional time prior to the eviction or circumstances have changed that warrant vacating the judgment and/or warrant, you may submit an Order to Show Cause for the Courts consideration. Only the sheriff can move your things out if he has a court order and has served you with a 72-hour notice. This document is necessary to evict the tenant by way of the sheriff. One action you can take is to pay for the repair yourself and take the amount you spend out of the next months rent. If you do not have a written lease, the length of your contract depends on how often you pay your rent. DC-16 (English, Spanish, & Polish) Notice of Appeal - Criminal. Suffolk Landlord Tenant Law - The LPA 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. 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. First, talk to your landlord. This is called cross-examination. county board of health or their district health office. Your Case Will Be CalledCheck to make sure your case is on the calendar, posted in the courthouse. Call us at Witkon Law to get expert advice right away. 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. 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. The forms referred to above are intended for a landlord to evict a tenant. Can a Tenant Change the Locks in New York? The last day in the notice must be the last day of a rental period. The same rules do not apply to holdover proceedings. If you do not move out on the day that the tenancy ends, the landlord must bring you to court. 646-952-7514. Phone (Nassau): 516-292-0400 In addition to having laws that address general issues like repairs and security deposits, most states, including New York, grant rights and responsibilities about things like lock changes and a landlords right to entry. Be prepared. Jim Clark is a partner at: Contact Us. Find the right Bay Shore, NY Property Damage lawyer from 8 local law firms. Sometimes a Judge may ask questions to clarify matters and/or to conduct the hearing in an expeditious manner. The legal papers you will get are called a Notice of Petition and a Petition. This rule does not apply to some owner-occupied homes or homes operated by religious organizations. 378. After a WARRANT OF EVICTION is issued by the court (you must request it - see below - and you receive it in the mail) you must file it with the Suffolk County Sheriff. Just get your neighbors together for a meeting and decide what problems you want to work on. You must let the landlord have access to the apartment to make repairs and collect the rent. Talk to a lawyer before you withhold your rent. HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. The notice tells the tenant the reason, the date that the tenant must move, and that a case will be started if the tenant doesn't move by the deadline. Any Client Rating 5.0 4.0 & above 3.0 & above 2.0 & above 1.0 & above Peer Reviews . Home; Topics; Housing; Tenant and homeowner rights . PDF Changes in New York State Rent Law - Attorney General of New York 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, it is extremely important to hold onto whatever money you are withholding. It is important to get written estimates before making repairs and to write the landlord that you plan to make the repairs if he doesnt. 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 the tenant/respondent is in default, a non-military affidavit will be required. Landlord-Tenant, Real Estate, and Co-op Law | Nassau County Property Your name and the landlords name will be at the top of the page in a box. Suffolk County, NY Landlord And Tenant Law Firms - Lawyers.com Donations 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! New York City residential hotel owners and tenants are governed by the rent stabilization law, enforced by the DHCR. Try to work out an agreement with your landlord and get it in writing. 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. Heat must be supplied to your apartment from October 1st through May 31st the following year, anytime the outside temperature drops below 55 F. The required minimum temperature is 65 F between 10 PM and 6 AM (overnight) and 68 F between 6 AM and 10 PM (during the day). TENANT RIGHTS FOR THE MOST UPDATED INFORMATION AND TENANT'S RIGHTS GUIDE, PLEASE VISIT THE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL'S WEBSITE: https://ag.ny.gov/consumer-frauds/housing-issues Changes to New York State Rent Law Tenant Harassment Fair Housing Immigrant Tenant Rights Guidance to Law Enforcement on Illegal Lockouts EVICTIONS (DHCR) enforces compliance with this law. 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. Eyewitness News has learned that Nassau County has 160 open eviction cases, Suffolk County has 527 and New York City has 213,524. You should contact and seek assistance of an attorney. Check your local county and municipality for additional landlord tenant regulations. 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. Even if you agree that you didnt pay the rent or that what the landlord says is right, you should still go to court. A tenant with a month to month tenancy must tell the landlord they are not renewing one month in advance. Keep copies of ALL paperwork relating to your tenancy and keep them in a safe place. Take photographs of the problems that can be photographed. Suffolk County Judicial Facilities Agency The Agency was created by Chapter 200 of the Law of 1999, State of N.Y. Blog | Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. You can avoid trouble later on by being careful when you first rent a house or apartment. File the grievance form with the assessor or the board of assessment review (BAR) in your city or town. This should include: If there is damage to the premises before you move in, and you did not request a pre-occupancy inspection, remember to take pictures of it or make a detailed list of the damage and ask the landlord to sign it. By law, building owners must provide all tenants with the following levels of heat and hot water: Heat (During the heating season, October 1 through May 31) Between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees; However, you can request a written receipt for your personal check. 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. Applying different terms, conditions, or privileges. Fax (Suffolk): 631-567-0160 It pays off to use extra caution when youre searching for a rental. Free Consultation Lawyers: Mark J. Goldsmith Frank M. Maffei Jr. Edward A. Robertson. Yonkers requires all landlords to provide in-unit heating during certain parts of the year.