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. There will then be a hearing - whether or not you have an attorney and you may qualify for free counsel. 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. T: 631.669.6300 F: 631.669.6333 E: jclark@clarkslaws.com Suffolk County Office. In the Supreme, County and City Courts, the Affidavit of Service must be filed by 20 days or less from the date the papers were left or mailed whichever is later. Zingman and Associates PLLC represents clients in Landlord Tenant cases in the Suffolk County, New York area. If you need assistance with a landlord-tenant matter, please call Long Island Housing Services at 631-567-5111 ext. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. Does the rent include heat and electricity? Include a stamped self-addressed envelope with the proposed papers or written request. 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. How do I ask a Judge to vacate a default judgment and stay my eviction? Law Firms Lawyers 129 results Client Reviews . Holdover Notices | NY CourtHelp - Judiciary of New York 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. File the grievance form with the assessor or the board of assessment review (BAR) in your city or town. Sincerely, Letitia James New Laws Protecting All Residential Renters Capping Security Deposits Suffolk County, NY Landlord And Tenant Law Firms - Lawyers.com Read our articles on Tenant Rights in New York - Specifically Nassau County tenant rights, Suffolk County tenant rights, & Squatters rights on long island. The best way to pay your rent is with a check or money order so that you have a record of your payment. The Judge may again ask questions. Eviction Lawyer for Nassau County & Suffolk County NY | Murtha Law Firm It can take a month or more for the sheriff to then evict. Most areas have dedicated inspections departments which enforce code compliance. 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 can, take pictures of each room. The Attorney General's Office is continually monitoring landlord rights across the state to make sure no tenant is being harassed or discriminated against. Most written leases are good for a year but can be longer or shorter. (718) 487-3303. You should consult with an attorney or refer to the Real Property Law or Real Property Actions & Proceedings Law to be sure you have satisfied all requirements. Suffolk County, NY Landlord Tenant Attorney. 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. New York law allows landlords to do this, provided they return the remainder of the deposit to the tenant within a14 days following the tenant's . 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. There is strength in numbers. Advisory Council Inform the landlord of any repair or maintenance issue. Filing an Affidavit of Service | NY CourtHelp If you do not move out on the day that the tenancy ends, the landlord must bring you to court. DC-16 (English, Spanish, & Polish) Notice of Appeal - Criminal. Attorneys must file a proposed JUDGMENT OF POSSESSION (like the Blumberg T-1412, T-1413, or T-1414) and WARRANT OF EVICTION (like the Blumberg T-1408 or T-1409) with the Court Clerk. Keep a copy of the letter. PDF Heat and Hot Water - Homes and Community Renewal If a valid rental agreement exists, New York law (NY Real Property Law Sec. NYC also has additional disclosure requirements such as bedbug history. The Office says they will take. Calendars are called at 9:30 a.m. Long Island Landlord & Tenant Lawyer | Nassau & Suffolk County Laws Standards and Codes - Suffolk County, New York Take photographs of the problems that can be photographed. Whatever the issue or concern, we can help. Sometimes a Judge may ask some questions to clarify matters. Any Client Rating 5.0 4.0 & above 3.0 & above 2.0 & above 1.0 & above Peer Reviews . 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). Public Benefits Look out for some signs you may be dealing with a scam: "The healthiest society is one that is racially, culturally, and economically inclusive.". Home; Topics; Housing; Tenant and homeowner rights . Get peer reviews and client ratings averaging 3.0 of 5.0. . Lease A lease is a written agreement between a landlord and a tenant that contains the terms and conditions of the rental. 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. Departments - Suffolk County, New York 100 lawyers Sometimes, you wont be able to find any available housing and want to move back into your home. The lease gives you the right to quiet enjoyment of the property until the lease end date. Get peer reviews and client ratings averaging 4.5 of 5.0. . In emergencies, you may make necessary repairs and deduct the repair costs from the rent. Try not to pay your rent with cash. Suffolk County Legal Aid Society The appropriate way to object is to say objection. The Judge may then ask the basis for the objection. Blog | Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. Additional testimony and forms of evidence may be elicited from other witnesses called by the tenant. Housing Law However, a landlord must give tenants reasonable notice (at least 24 hours, in most cases) before entry, unless its an emergency. Free Consultation. Originals (not photocopies) may be required, if available. If the tenant/respondent is in default, a non-military affidavit will be required. 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 the case is about the nonpayment of rent, the tenant has to send a reply within 10 days. 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. 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. 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? The forms referred to above are intended for a landlord to evict a tenant. Professional process servers may be found in the phone book or online. 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. Veterans, What We Do All future court dates, if any, will be set during court proceedings or upon notice by the 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). Generally, if a diligently prosecuted 2 to 3 months after service. The Court Clerk will review your forms if you have no attorney and sign the NOTICE OF PETITION only if the papers are correct. This, of course, imposes on tenants a duty to pay their rent in whole, in a timely manner. April 16, 2020. Long Island's Award Winning Landlord Tenant, Real Estate & Litigation Attorney Call or TEXT Today for a Free Consultation (516) 699-8411 Our Practice Areas Welcome to the law offices of David I. Witkon, Esq. Talk to a lawyer to see if the problem is serious enough to withhold rent. This is called direct examination. Judges will often give you extra time to move, especially if you have kids. P.C., an attorney and litigator providing excellence in landlord tenant, bankruptcy, foreclosure and debt negotiation, matrimonial and family as well as [] What happens at the conclusion of my L&T case? 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. Ask the Court Clerk any questions you have about what to do. Otherwise, you may pay to repair something and not be entitled to have the money returned. This page outlines the rules that will apply. NY Attorney General outlines tenant rights during coronavirus pandemic The landlord will then be able to request and have issued by the Court need a JUDGMENT OF POSSESSION, and A WARRANT OF EVICTION. Be sure to get legal help if you think your landlord is evicting you because youve complained or joined a tenants association. You must prove to the agency that you will be able to pay the ongoing rent after DSS pay the back rent. This rule does not apply to some owner-occupied homes or homes operated by religious organizations. New York Rules Regarding Mold in Rental Properties | Nolo 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. 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 . 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. Frequently Asked QuestionsHow to request a stay of eviction or vacate a default L&T judgment (DC-420). Try to work out an agreement with your landlord and get it in writing. How long does it take to be evicted in Suffolk County? Contact the fuel company to find out what the average bill has been. Tenants who believe they have been the victim of housing discrimination may file a complaint with the Division of Human Rights in person or. 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. This will end the eviction proceeding (RPAPL 731(4)). Retaliatory eviction can be hard to prove. They can also cancel the rental agreement, and sometimes can make repairs and deduct from the rent. A written lease is a written agreement signed by both you and your landlord. Tenant Rights, Laws and Protections: New York | HUD.gov / U.S Call me RIGHT now for a FREE consultation - Click to Call -> (631) 747-0356. These cases are special proceedings filed pursuant to RPAPL Article 7A: special proceedings to remedy conditions dangerous to life, health or safety. Read your lease agreement carefully! When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. You should not disturb them by being too noisy or cluttering up common areas such as hallways. The Notice of Petition will tell you what court to go to and when to go. 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). You can easily verify who owns the property by checking with the right county office. 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. This document is necessary to evict the tenant by way of the sheriff. 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. Attorney General James Issues Tenant Guidance for New Yorkers During The important thing to remember is that you have a legal contract with your landlord, even if it is not in writing. If you do not have a written lease, the length of your contract depends on how often you pay your rent. 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. 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. Give the tenant at least 30 days notice to leave. 8 Important Facts About New York Landlord and Tenant Law Your landlord may make the repairs if you withhold the rent. The Landlord-Tenant (Eviction) Courts ARE Open and Operating | Law New Protections for NY State Renters 378. What is a Landlord-Tenant (L&T) court case? 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.
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