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. Discuss Your Needs with a Real Estate Attorney or Landlord-Tenant Lawyer in New York. Some things the lease should include: amount of time that you will be renting (for example, one year), Both the landlords and tenants responsibilities (such as, what utilities are included in the rent). If you qualify, the Department of Social Services may assist you with your security deposit. The money you provide the landlord is still technically your money. Housing and Urban Development, U.S. Department of Housing and Urban Development, 451 7th Street, S.W., Washington, DC 20410 View Lawyer Profile Email Lawyer. 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. A copy of the papers must be served by someone over the age of 18, who is not a party to the action. April 16, 2020. Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney. Position Statement In Solidarity With The Black Community read more Founded in 1964, our agency has over. Lease Terms or Tenancies Less Than One Year: Lease Terms or Tenancies More Than One Year (or Less Than Two Years): Lease Terms or Tenancies More Than Two Years: Senior citizens and serious health issues. Without your permission, the landlord is trespassing unless there is an emergency he needs to address inside, such as a fire, gas leak or flood. Legal advice depends upon the specific facts of each situation. 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. This is called a month-to-month tenancy. What forms do I need to start an L&T case? Remember, your landlord may try to evict you if you withhold your rent. Fair Housing Laws protect Immigrants, Refugees, and People of all Religious Faiths Landlord-Tenant assistance If you need assistance with a landlord-tenant matter, please call Long Island Housing Services at 631-567-5111 ext. What do I do? Call us at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. It can take a month or more for the sheriff to then evict. 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. Read your lease agreement carefully! Be sure to get and save rent receipts from your landlord for all payments you have made. New York Attorney . This guide contains more information about NYCs various housing regulations. Contact Us Visit Website View Profile. (Call the NY Public Interest Research Group NYPIRG for information on Small Claims at 516-222-0086). As part of that process, the Judge will also offer the parties the opportunity to participate in the Alternate Dispute Resolution (ADR) program. The likely result of which is that there will be a Judgment of eviction. Be prepared. You must be prepared to go to court and prove that your home has serious problems and that your landlord will not fix them. The WARRANT is comparable to an execution in a civil action. The material contained on this site cannot replace the advice of competent legal counsel licensed in your state. It is a good idea to get this in writing. The material contained on this site cannot replace the advice of competent legal counsel licensed in your state. You can contact the Suffolk County Bar Association for a free or low-fee consult. Write a letter to the landlord saying that you are going to withhold the rent and why. 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. The purpose of this law is to encourage consumers to use their own reusable bags for shopping and to reduce the environmental impacts associated with single use bags. 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)). 375 or info@LIFairHousing.org to speak to a trained Fair Housing Investigator. Take photographs of the problems that can be photographed. New York eviction law firm. Sometimes a Judge may ask some questions to clarify matters. The Court Clerk will review your forms if you have no attorney and sign the NOTICE OF PETITION only if the papers are correct. Another way to get your landlord to make repairs is not to pay the rent until he fixes the problem. If the police say they cant do anything, and you live in Suffolk County, mention the #92-1. The legal papers you will get are called a Notice of Petition and a Petition. Nassau County Office. If you are denied help from DSS, save the papers that say so and request a fair hearing (1-800-342-3334). What happens at the conclusion of my L&T case? If you do, the judge will likely decide against you and grant the landlord a court order to evict you. Visit. Landlords cannot harass tenants who exercise their rights. It is very important to save all receipts for the repair. To schedule an appointment contact us by email or feel free to call our office at (516) 699-8411 or toll free at (800) 774-5976. This is called cross-examination. in the jurisdiction of Suffolk County, NY. A lease gives you and your landlord rights and responsibilities. When theres a habitability issue, they must make needed repairs after receiving notice from the tenant. It is a good idea to mail this request as return receipt requested and, of course, keep a copy of the request for your records. 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. The information contained in this material is not legal advice. This doesnt mean, however, that you shouldnt immediately start searching for other housing once an eviction seems likely. 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. The claim limit in New York City Small Claims Court is $10,000. Cross-examination and perhaps additional questioning by the Judge may follow suit for each witness called. All future court dates, if any, will be set during court proceedings or upon notice by the court. Your landlord may try to evict you for not paying your rent if you take this action. Additional testimony and forms of evidence may be elicited from other witnesses called by the tenant. Ask him what to do in case of an emergency. Contact the fuel company to find out what the average bill has been. Look out for some signs you may be dealing with a scam: "The healthiest society is one that is racially, culturally, and economically inclusive.". This page outlines the rules that will apply. If the landlord does not follow the law, you cannot be evicted. The landlord must tell you how much was deposited and the name and address of the bank where he or she put the money. The landlord then gives the warrant to the Sheriff who will eventually give you a 14-day notice and warrant of eviction. Family Law Landlord's Rights in Suffolk County, NY. 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. 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. In other words, the landlord/petitioner is asking a Judge to issue an order directing the eviction of a tenant who refuses to leave the property by a certain date. It is a good idea to write the period that the payment covers on the check or money order (i.e. There is strength in numbers. 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. DC-16 (English, Spanish, & Polish) Notice of Appeal - Criminal. 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. 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. 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. Affidavit of Service (Mail) DC-149M Use with Order to Show Cause or Motion where service by mail is ordered. Suffolk County, NY Landlord Tenant Attorney with 24 years of experience (855) 588-6200 40 Marcus Drive Suite 202 Melville, NY 11747 Offers Video Conferencing Landlord Tenant, Divorce, Family and Real Estate Albany Law School Show Preview View Website View Lawyer Profile Email Lawyer Andrew Matthew Lieb 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). 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 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. Be sure to get your landlords address and phone number. If you do not find a new tenant for the rest of the lease, or if your landlord does not consent to the new tenant, you might be charged with the remaining rent, even after you move! After being sworn as a witness, the landlord or the landlords managing agent will tell his or her version of the claims in the case. When you move out, take pictures. Providing a proper Predicate Notice content, timeliness and proper type of service is an element of the Landlords case. 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. What should I bring to Court on the court date? Riverhead: 631-369-1112 All of our offices are now open to the public and accepting walk-ins. Service must be in full compliance with the law. The tenant will then be sworn as a witness to give his or her side of the story and present evidence. The landlords right to enter the premises requires your permission. Talk to a lawyer before you withhold your rent. You cannot be evicted unless the landlord takes you to court and wins. Parties to a lawsuit have a right to object to the introduction of evidence or the way a question is being asked or answered. Landlords must give a 5-day grace period before charging a late fee. 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. Tenant and homeowner rights . Suffolk County landlords of buildings with three or more apartments also cannot refuse to rent to you because of the source of your income (for example, Section 8 Voucher, DSS Shelter Supplement Program, Public Assistance). 640 Johnson Ave., Suite 8, Please consult with an attorney if you have questions regarding the timing of notices provided in your case. New York State law requires that the rent receipts include: the date you paid the rent, the amount that you paid, the amount of time that the money is paying for, the place being rented (i.e. 378. 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. If the landlord does not give you this statement and your money within 14 days, he cannot keep any of the security deposit. 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. Landlord Tenant Law & Evictions in Nassau County and Suffolk County, Long Island, New York is all we do. Suffolk County District Court: Landlord & Tenant Court. Evictions; FAQs; . If you settle the case, the agreement will be put in writing in a document called a stipulation. But, DO NOT SPEND THE RENT MONEY. If it is, you should try and talk to a lawyer before you take any of the next steps. A landlord can propose to raise the rent of a month-to-month tenant. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about.
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