You are responsible for any damage to the apartment that you cause aside from normal wear and tear. However, you can request a written receipt for your personal check. Be ready to tell the judge why you shouldnt have to move. Include a stamped self-addressed envelope with the proposed papers or written request. Most people pay their rent once a month. 104 Lewis Street, Southampton, NY 11968 is a single family home not currently listed. The legal papers you will get are called a Notice of Petition and a Petition. A tenant who decides not to renew at the end of a fixed term lease need not give any notice. In Suffolk County, however, the District Court has traditionally taken a much stricter approach to illegal rentals. 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. Proceedings to recover real property require knowledge of the law and familiarity with local rules and practices. 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. HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. 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. You may need to find a new tenant to take your place. (631) 878-8757. Please give us a call if you have any questions about . The forms referred to above are intended for a landlord to evict a tenant. Your Case Will Be CalledCheck to make sure your case is on the calendar, posted in the courthouse. Nothing on this website constitutes legal advice. the address and whether its a house, apartment, etc.) You can avoid scams by making sure that the person renting to you actually has the right to do so. Eyewitness News has learned that Nassau County has 160 open eviction cases, Suffolk County has 527 and New York City has 213,524. Call us at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. (CPLR 321(a)). Suffolk County, NY Landlord And Tenant Law Firms. Bring photocopies of documents that help you prove your arguments. Check availability now! 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. Tenants associations are easy to start. Position Statement In Solidarity With The Black Community read more Founded in 1964, our agency has over. Make sure you keep all invoices and take pictures. If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. 378 para hablar con un investigador capacitado en equidad de vivienda. 1. Beginning March 20, 2020, all evictions across New York State were . If the petition is for non-payment of rent, please see Tenant Questions & Answers: Nonpayment Eviction Cases in New York State. For example, many NYC units are covered under rent stabilization ordinances which set restrictions on rental prices. Your landlord may ask you to sign a written lease before moving in. 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. Can a Landlord Enter Without Permission in New York? City code mandates heating capable of 68 degrees-F in all rooms from September 15 to May 31 each year. What do I do? Si usted cree que ha sido discriminado al buscar una vivienda en base al Coronavirus, por favor llame a los Servicios de Vivienda de Long Island al 631-567-5111 ext. Otherwise, you may pay to repair something and not be entitled to have the money returned. 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. 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. If you qualify, the Department of Social Services may assist you with your security deposit. 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 case is about the nonpayment of rent, the tenant has to send a reply within 10 days. Always read a written lease very carefully BEFORE you sign it! If you have lived there for less than 1 year and do not have a lease with a term of at least 1 year, your landlord must provide you with 30 days notice; If you have lived there for more than one year, but less than 2, or have a lease term of at least one year, but less than 2, your landlord must provide you with 60 days notice; If you have lived there for more than 2 years or have a lease term of at least 2 years, your landlord must provide you with 90 days notice, a copy of the lease (if you have a written one), a receipt or canceled check for your security payment, receipts for any repairs that you have made to the rental property. 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. This is a 5-bed, 6.5-bath property. Your name and the landlords name will be at the top of the page in a box. Evictions are filed pursuant to Article 7 of the Real Property Actions and Proceeding Law (RPAPL) summary proceedings to recover possession of real property. But, DO NOT SPEND THE RENT MONEY. 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. 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 the utility meter is shared with others in the building, the law requires the landlord to have the meter in his name. Contact Us Visit Website View Profile. Suffolk County, NY Landlord Tenant Attorney. 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. . Call us at Witkon Law to get expert advice right away. Yonkers requires all landlords to provide in-unit heating during certain parts of the year. 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)). 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. If you do not agree to pay the new amount, the landlord cannot evict you for nonpayment, but can end your tenancy by giving you appropriate notice and then bringing a holdover eviction proceeding. 375 or [email protected] to speak to a trained Fair Housing Investigator. Examples of relationships involving real property which may permit an eviction are included at RPAPL 713 and RPAPL 715). The information contained in this material is not legal advice. The best way to pay your rent is with a check or money order so that you have a record of your payment. There will then be a hearing - whether or not you have an attorney and you may qualify for free counsel. Bring witnesses to prove that you didnt break a rule in your lease. 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. Most areas have dedicated inspections departments which enforce code compliance. Employment/Internship Opportunities The lease gives you the right to quiet enjoyment of the property until the lease end date. For more information, call 1 866-NYS CLEAN (1 866-697-2532) or You should contact and seek assistance of an attorney. handles all areas of landlord-tenant law in Suffolk County and throughout Long Island and New York, including preparation of leases and evictions. The WARRANT is comparable to an execution in a civil action. 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! A tenant might sue a landlord in Small Claims Court if money is owed after the tenant has moved out of the rental. All public documents must be certified by the agency producing such documents (a certification is a statement that the documents are true copies of an agency's records - the agency should be able to tell you how to get the records certified). Do not spend the rent money! Get a receipt for your security deposit and save it. You should not disturb them by being too noisy or cluttering up common areas such as hallways. 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 called cross-examination. For any rental property with three or fewer units. After the inspection, the law requires the landlord to give you an itemized list of all needed repairs and/or cleaning. 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. 220-238A) states that landlords 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. When its your turn, tell your side of the story clearly and calmly. 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. As with a written lease, as of October 12, 2019, should the landlord want to raise the rent by 5%, or more, or terminate the tenancy, depending on how long you have lived there, he must give you a 30, 60 or 90 day notice before your tenancy expires, as set forth above. However retaliatory eviction is generally not a defense if the landlord is taking you to court for not paying your rent. 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. Be sure to keep a copy of all communications (letters, emails, text messages) with your landlord or reports from government agencies where you filed a complaint. MORE CORONAVIRUS COVID-19 COVERAGE New Jersey COVID-19 Vaccine Tracker 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. Often, it is hard to know when youve been discriminated against and it can be difficult to prove. The city of Buffalo has laws that protect tenants from discrimination on the basis of gender identity, immigration status, and lawful source of income. Tambin puede escribirnos al correo electrnico, Information on Detecting and Reporting Rental Scams. Whatever the issue or concern, we can help. The important thing to remember is that you have a legal contract with your landlord, even if it is not in writing. The landlord may offer certain documents into evidence. 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 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 do, the judge will likely decide against you and grant the landlord a court order to evict you. One disadvantage of a written lease would occur if you want to move out before the lease ends. You cannot be evicted unless the landlord takes you to court and wins. 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? (914) 361-4500. Bring copies of the letters to your landlord, inspectors reports, pictures, witnesses and the rent money to court to prove your side of the story. Let him know when you will have the rent money. Do I need to do anything before I file papers with the Court? 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. 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. Christian Donald Killoran. You should only withhold the rent if there are bad health or safety problems in your home. Most written leases are good for a year but can be longer or shorter. Tenants must give the landlord reasonable access to the property for necessary repairs, showings of the rental unit to prospective tenants or buyers, and other terms that may be agreed in the lease. Islandia: 631-232-2400 Evictions; FAQs; . This doesnt mean, however, that you shouldnt immediately start searching for other housing once an eviction seems likely. 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. You must let your landlord know when a repair is needed. Testimonials Some ways of making you move are never legal. 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. Accessibility, Consumer Law Know your rights and responsibilities as a tenant. landlord, building manager, etc.) Rent Increases & Related Fees in New York, Additional Landlord Tenant Regulations in New York, How to Report a New York Landlord for Unsafe Living Conditions, Waterproofing on ceilings, walls, and floors. New York landlords must give the following mandatory disclosures: New York state law prohibits landlords from locking tenants out, especially as a form of retaliation. Your landlord may make the repairs if you withhold the rent. You must prove to the agency that you will be able to pay the ongoing rent after DSS pay the back rent. (It may be worthwhile to negotiate a rent increase you can afford with the landlord.). 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. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. 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. Also, the law may vary from state to state, so that some information from our website may not be correct for your jurisdiction. It is a good idea to write the period that the payment covers on the check or money order (i.e. This rule does not apply to some owner-occupied homes or homes operated by religious organizations. Inform the landlord of any repair or maintenance issue. Public Benefits This legislation also prevents landlords from denying tenants on the basis of receipt of disability benefits, veterans benefits, or other government subsidies and non-wage income. Generally, if a diligently prosecuted 2 to 3 months after service. 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. Find out if you have done everything you need to, such as writing letters to the landlord telling him about the problem. 376 t or email [email protected]. Also, check with the landlord about things like trash cans, stove and refrigerator, and storm doors. 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. 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. This can be done in Small Claims Court if the amount is less than $5,000 (or $3000 on the east end of Long Island) and you do not want to move back. Lease A lease is a written agreement between a landlord and a tenant that contains the terms and conditions of the rental. The Judge may again ask questions. New York eviction law firm. HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. Discuss Your Needs with a Real Estate Attorney or Landlord-Tenant Lawyer in New York. In New York, landlords must rent out only properties which are habitable. In most cases, proof of service must be filed with the clerk within three (3) of effecting service. The money you provide the landlord is still technically your money. Special note: In Suffolk County, a landlord must offer a written lease of at least one year in buildings with 3 or more apartments. county board of health or their district health office. Retaliating against tenants who testify against their landlord. 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. In other words, these things are included in your agreement whether your landlord tells you about them or not. Verified Attorney. As of October 12, 2019, if the landlord wishes to raise your rent by 5% or more, or if he does not want to renew the lease, he must give you a 30, 60 or 90 days notice depending upon how long you have lived there: Notice does not automatically let the landlord evict you. 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. Landlord / Tenant law governs the rental of commercial and residential property. There is strength in numbers. If you cannot settle the case, the Judge will have a hearing. New York State Attorney Generals Tenants Rights guidebook in 7 languages Spanish English Bengali Korean Chinese Creole Russian. 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 . You must also allow the landlord to come in to make the needed repair. In addition to seeking help from a Long Island Housing Services counselor, you can learn about your rights by reading the New York State Attorney Generals Guide to Changes in Rent Law. If a part of your lease violates the law, that part of the lease is invalid and cannot be enforced, but that does not mean the entire agreement is invalid. Llame a Long Island Housing Services al 631-567-5111 ext. Give the tenant at least 30 days notice to leave. Self-represented landlords must request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT. Also, you are entitled to receive a signed copy of the lease. Take a friend with you and write down anything that needs to be fixed. 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; Corporations must have an attorney appear for them in Court. Subscribe Applying different terms, conditions, or privileges. Does the rent include heat and electricity? The lease cannot be changed while it is in effect unless both you and your landlord agree, in writing. 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). and of the tenants right to inspect the property before occupancy. The landlord is responsible for putting a smoke detector in any area where someone sleeps. This is called direct examination. Suffolk County District Court: Landlord & Tenant Court. Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney. Advisement of Right to Appeal. 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. All Rights Reserved. Landlords cannot harass tenants who exercise their rights. Fair Housing Laws protect Immigrants, Refugees, and People of all Religious Faiths. The last day in the notice must be the last day of a rental period. A lease is a written agreement between a landlord and a tenant that contains the terms and conditions of the rental. A lawyer (if you have one) can put the money in a special bank account called an escrow account. The tenant has 10-17 days to prepare for the hearing. Tenant and homeowner rights . If you do not have a lawyer, get a money order or bank check for the amount of the rent. If the landlord refuses to return your security deposit and you feel that you are entitled to it, you can take the landlord to small claims court if the amount is less than $5,000 ($3000 in the justice courts of the east end of Long Island). A judgment for unpaid rent and fees may also be entered against you. The NYS Attorney General's Tenants' Rights Guide has additional information. If you think a landlord has discriminated against you, you can complain to Long Island Housing Services at (631) 567-5111. Landlord Tenant Law & Evictions in Nassau County and Suffolk County, Long Island, New York is all we do. If the landlord requests an application fee or payment for a credit or background check, the landlord cannot get any more than $20 for the combined application and credit/background check and must give you a copy of that report and the bill for that report. 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. Service must be in full compliance with the law. 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). Landlords do have an obligation to mitigate damages in such a situation, though this depends on the specific circumstances. If the police say they cant do anything, and you live in Suffolk County, mention the #92-1. Save all your rent receipts. Additional testimony and forms of evidence may be elicited from other witnesses called by the tenant. Integrated Pest Management follows the principles of preventing entry, inspecting, monitoring, and treating pests on an as needed basis. Where there are several apartments in your building, sometimes the best way to solve problems is to form a tenant association. Cross-examination and perhaps additional questioning by the Judge may follow suit for each witness called. 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. Bring pictures that show any serious problems with the premises. There are various court proceedings to remove a tenant. It is very important to save all receipts for the repair. 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. Search. The Office says they will take. Your landlord must let you know he is taking you to court by sending you legal papers. Floor plans starting at $1585. L&T proceedings are specialized and procedural rules must be followed strictly. 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. T: 631.669.6300 F: 631.669.6333 E: [email protected] Suffolk County Office. This, of course, imposes on tenants a duty to pay their rent in whole, in a timely manner. Be sure to get your landlords address and phone number. copies of all correspondence with the landlord. Landlord & Tenant Court courthouses are open Monday - Friday from 9:15 a.m. to 5:00 p.m. and are closed 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. 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 . Landlord's Rights in Suffolk County, NY. The judge may say that you do not owe all the rent money because your home had serious problems. What happens at the conclusion of my L&T case? Call the police and your local Law Services office as soon as you can if any of these things happen. Then, prioritize the problems and get started! 646-952-7514. If you are a New York City resident, please visit the NYC Legal Services for Tenants website. As part of that process, the Judge will also offer the parties the opportunity to participate in the Alternate Dispute Resolution (ADR) program. How does the Tenant find out about the court date? Before you agree to pay rent or a security deposit for a new place to live, inspect the apartment or house carefully. Housing Law For additional local resources, you can also contact a housing counseling agency. 3105 Veteran's Memorial Highway, Ronkonkoma, NY 11779 calendars are usually scheduled at 9:30 a.m. Judges will often give you extra time to move, especially if you have kids. Be sure to get legal help if you think your landlord is evicting you because youve complained or joined a tenants association. 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). All of our offices are now open to the public and accepting walk-ins. Please refer to our COVID-19 resources for updates on temporary changes to these rules. The tenant will then be sworn as a witness to give his or her side of the story and present evidence. Need Help? Volunteer Our mission is the elimination of unlawful housing discrimination and promotion of decent and affordable housing through advocacy and education. Just get your neighbors together for a meeting and decide what problems you want to work on. You must take the right steps to protect yourself. Awards This will end the eviction proceeding (RPAPL 731(4)). Make sure you find out if the home is a foreclosure. You might also contact Nassau/Suffolk Law Services and Long Island Housing Services, Inc for assistance. New York considers substantial code ordinance violations as initial proof that the landlord has violated the warranty of habitability. Sometimes a Judge may ask some questions to clarify matters. New York City loft owners and tenants are governed by Multiple Dwelling Law, Article 7-C, enforced by the New York City Loft Board. Remember, your landlord may try to evict you if you withhold your rent. 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. Another way to get your landlord to make repairs is not to pay the rent until he fixes the problem. 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. Nassau County Office. The landlord will then be able to request and have issued by the Court need a JUDGMENT OF POSSESSION, and A WARRANT OF EVICTION. Take your time and think before you speak. When your landlord sees that you spent part of your rent on repairs, he may try to evict you. If your landlord still refuses to fix the problem, you must decide if it is serious enough to fight. Medical Types of Housing If the landlord does not follow the law, he is liable for damages, up to twice the amount of your security deposit. Yes, under certain circumstances, a tenant may commence a proceeding against can bring a landlord in to L&T Court. A written lease is a written agreement signed by both you and your landlord. 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).
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