suffolk county, ny tenant rights

How does the Tenant find out about the court date? Landlord & Tenant Court - Suffolk District Court | NYCOURTS.GOV Suffolk County Landlord Tenant Attorneys - LII New York Attorney Directory He cannot just throw you out anytime he wants. Your Case Will Be CalledCheck to make sure your case is on the calendar, posted in the courthouse. If the case is about the nonpayment of rent, the tenant has to send a reply within 10 days. Whether your lease is written or verbal, it must be consistent with New York State law. New Protections for NY State Renters For more information, please see our FAQs. 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. You must let your landlord know when a repair is needed. Read your lease agreement carefully! 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. Blog | Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. NY Attorney General outlines tenant rights during coronavirus pandemic Your name and the landlords name will be at the top of the page in a box. 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. When your landlord sees that you spent part of your rent on repairs, he may try to evict you. Medical 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. 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. After the inspection, the law requires the landlord to give you an itemized list of all needed repairs and/or cleaning. Westchester County, NY Landlord Tenant Attorney. Can a Landlord Collect Rent on an Illegal Apartment in Nassau County or Other tenants in your building also have rights, and you must respect them. 376 t or email info@LIFairHousing.org. Professional process servers may be found in the phone book or online. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. If you believe that a landlord has discriminated against you for this or any other reason, you can complain and file a grievance with the Suffolk County Human Rights Commission at 631-853-5480. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. 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. They can also cancel the rental agreement, and sometimes can make repairs and deduct from the rent. This, of course, imposes on tenants a duty to pay their rent in whole, in a timely manner. Many cities in New York have their own landlord-tenant laws in addition to the state requirements. (2) whether or not you have paid your rent. If you were served with a holdover petition, please see Tenant Questions & Answers: Holdover Eviction Cases in New York State. Usually a NOTICE OF PETITION and a PETITION. Hempstead: 516-292-8100 Try to work out an agreement with your landlord and get it in writing. If the utility meter is shared with others in the building, the law requires the landlord to have the meter in his name. 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. T: 631.669.6300 F: 631.669.6333 E: jclark@clarkslaws.com Suffolk County Office. 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. If you do not have a written lease, the length of your contract depends on how often you pay your rent. 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)). Another way to get your landlord to make repairs is not to pay the rent until he fixes the problem. Holdover Notices | NY CourtHelp - Judiciary of New York Find Top Suffolk County, NY Landlord Tenant Law Lawyers Near You Setting your location helps us find resources in your county. Therefore, it is extremely important to hold onto whatever money you are withholding. The forms referred to above are intended for a landlord to evict a tenant. 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. 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. Evictions are filed pursuant to Article 7 of the Real Property Actions and Proceeding Law (RPAPL) summary proceedings to recover possession of real property. If the house is supposedly being rented by a property management company, you can check out the authenticity of the company. The sheriff cannot evict you on a weekend or state holiday. It is very important to save all receipts for the repair. 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. Last Updated: The landlord is responsible for putting a smoke detector in any area where someone sleeps. (914) 361-4500. Islandia: 631-232-2400 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. If you receive court papers for an eviction, immediately contact an attorney to understand your rights. Be ready to tell the judge why you shouldnt have to move. Riverhead: 631-369-1112 For more information about Landlord Tenant ADR click here. New York eviction law firm. Scammers have many creative ways to cheat you out of your money, and they seem to come up with new ideas every day. To grieve both assessments, you are required to file a separate Form RP-524 with both the town and village. You are responsible for any damage to the apartment that you cause aside from normal wear and tear. Apart from reimbursement for unpaid rent or damage to the property, the landlord does not have a right or privilege to spend the money from a tenant's security deposit. Also, the law may vary from state to state, so that some information from our website may not be correct for your jurisdiction. Awards 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. 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. Reginald A Jacobs. If you think a landlord has discriminated against you, you can complain to Long Island Housing Services at (631) 567-5111. county board of health or their district health office. 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). Always read a written lease very carefully BEFORE you sign it! First and foremost, landlords have a right to timely payment of rent from their tenants, at the agreed-upon rate. This is a 5-bed, 6.5-bath property. The claim limit in New York City Small Claims Court is $10,000. (718) 487-3303. 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. 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. Landlord & Tenant Actions FAQ - Suffolk District Court | NYCOURTS.GOV Call the police and your local Law Services office as soon as you can if any of these things happen. 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. Discriminatory Acts & Penalties: The New York State Division of Human Rights handles housing discrimination complaints in the state. Donations The tenant will then be sworn as a witness to give his or her side of the story and present evidence. Please consult with an attorney if you have questions regarding the timing of notices provided in your case. This case was filed in Suffolk County Superior Courts, with None presiding. 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. 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. Or he may take you to court to try to evict you for not paying the rent. One disadvantage of a written lease would occur if you want to move out before the lease ends. Your landlord can keep all or part of your security deposit to pay for any damages that you cause. If you have not paid the rent and the landlord decides to evict you, he must then give you a written 14 day notice demanding the rent and serve it in the same way he needs to serve court papers. The Judge may again ask questions. 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 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. The listing below provides the contact information for each county. 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. If you have a question about issues not covered in this document or if you think your landlord has broken New York's tenant protection law, contact my office at (800) 771-7755; TDD/TTY Toll Free Line: (800) 788-9898. In the event that your landlord sues you for nonpayment of rent, and the judge determines that the withholding of the rent was not reasonable, you will have to pay that money at that time in order to avoid being evicted. 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. Additional testimony and forms of evidence may be elicited from other witnesses called by the tenant. Originals (not photocopies) may be required, if available. There are two categories of rent control in New York: rent control and rent stabilization. Otherwise, you may pay to repair something and not be entitled to have the money returned. Landlord Tenant Lawyer Serving Suffolk County, NY. You must explain to the Judge in your papers that you have. You must be prepared to go to court and prove that your home has serious problems and that your landlord will not fix them. We are available 24 hours a day, 7 . Vacant and Abandoned Properties | Department of Financial Services This is called retaliatory eviction and it is against the law. Phone (Suffolk): 631-567-5111 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. Advertising that indicates discriminatory preferences. Suffolk County Illegal Rental - Tenant Rights (Islip, Huntington Grievance procedures - Government of New York In a settlement you can help determine the outcome of your case. Complaints about vacant and abandoned properties can be reported to the Department through our toll-free hotline (800-342-3736), or via the DFS online complaint portal. The Attorney General's Office is continually monitoring landlord rights across the state to make sure no tenant is being harassed or discriminated against. A written lease is a written agreement signed by both you and your landlord. Additionally, landlords have a right to be compensated for damage a tenant causes to a rented unit . Can a Landlord Enter Without Permission in New York? (Call the NY Public Interest Research Group NYPIRG for information on Small Claims at 516-222-0086). 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. You should speak with an attorney for legal advice on how to properly draft your court documents. Keep copies of ALL paperwork relating to your tenancy and keep them in a safe place. Any such call demanding money for bail is being initiated by a third party and not by the Legal Aid Society of Suffolk County and you should immediately contact your local police and/or law enforcement agency to report this crime. If you are confident that the person renting to you is legally authorized to do so, the first thing you will want to know, of course, is the amount of the rent. You let the landlord know about it, but he did not make the repairs.

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