Failing to make reasonable accommodations. Call us at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. You might want to talk to other tenants in the building to discover any problems they may have had with the landlord or the building. The Attorney General's Office is continually monitoring landlord rights across the state to make sure no tenant is being harassed or discriminated against. 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. Advisement of Right to Appeal. Collections & Holdings: The following laws apply to the collection and holding of a security deposit: Returns & Deductions: The following laws apply to the return of a security deposit: Notice Requirements: If a New York tenant on a periodic lease wishes to break the lease, then they must give the following amounts of notice: Early Termination: New York tenants are allowed to legally break a lease early for the following reasons: Current law does not require landlords to make a reasonable effort to re-rent a unit so tenants may be required to keep paying if they vacate the premises. This is called rent withholding. 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. 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 deposit cannot be greater than one months rent and is intended to cover damages beyond normal wear and tear. 376 t or email info@LIFairHousing.org. Phone (Nassau): 516-292-0400 info@lifairhousing.org, 2023 Long Island Housing Services, Inc. All Rights Reserved | Designed and Maintained by MAXBURST. If there is an elevator, your landlord must put a mirror inside so you can see if anyone is already in it. If you need repairs tell your landlord and ask when the repairs will be done (if its an emergency, notify your landlord immediately!). 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. You can also file a fair housing complaint with HUD at (800) 669-9777. You can easily verify who owns the property by checking with the right county office. You can make these repairs and clean before you move out to avoid having them deducted from your security deposit. 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. The new law adds some protections for tenants who move out before the lease or rental agreement ends. Hempstead: 516-292-8100 You must explain to the Judge in your papers that you have. Get to court on time and dress neatly. Bay Shore, NY Property Damage Law Firms - lawyers.com The same rules do not apply to holdover proceedings. Need Help? Applying different terms, conditions, or privileges. Most written leases are good for a year but can be longer or shorter. Eviction Attorney Suffolk & Nassau County | FAST Evictions All future court dates, if any, will be set during court proceedings or upon notice by the court. 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 Eyewitness News has learned that Nassau County has 160 open eviction cases, Suffolk County has 527 and New York City has 213,524. A lawyer will be very helpful in court. Rent Increases: The maximum rent increase percentages change annually and depend on the location of the rental unit and whether it is protected by rent control or rent stabilization. April 25, 2023. Retaliating against tenants who testify against their landlord. This case was filed in Suffolk County Superior Courts, with None presiding. 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. How long does it take to be evicted in Suffolk County? For other kinds of evictions, or if the available forms are not for you, a NOTICE OF PETITION and PETITION would need to be drafted by an attorney. 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. The Suffolk County Sheriff must give at least 14 days notice (a 14 DAY NOTICE) after the expiration of any and all stays directed by the Judge before evicting a tenant/respondent from the premises. 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. Super Lawyers. When your landlord sees that you spent part of your rent on repairs, he may try to evict you. 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. The deposit you give your landlord is still your money and cannot be spent by the landlord. 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. Sometimes a Judge may ask some questions to clarify matters. 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. Or, tell the judge how long you will need to move and ask for more time (if you need it). 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. The WARRANT is comparable to an execution in a civil action. If the house is supposedly being rented by a property management company, you can check out the authenticity of the company. Write a letter to the landlord saying that you are going to withhold the rent and why. 3105 Veteran's Memorial Highway, Ronkonkoma, NY 11779 calendars are usually scheduled at 9:30 a.m. Please consult with an attorney if you have questions regarding the timing of notices provided in your case. Albany County Allegany County Broome County Cattaraugus County Cayuga County Chautauqua County Chemung County Chenango County Clinton County Columbia County Cortland County Delaware County If you cannot pay the rent, you may qualify for emergency help from the Department of Social Services (DSS). New York Attorney . 220-238A) states that tenants receive a set of rights, such as the right to a habitable unit. The Office says they will take. 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. This is called retaliatory eviction and it is against the law. Finally, this information is not guaranteed to be up to date. Your landlord may try to evict you for not paying your rent if you take this action. If the landlord doesnt keep his word or doesnt take care of the repairs quickly, send the landlord a letter, asking him to make the repairs. There is strength in numbers. Landlord-Tenant (L&T) court cases generally seek the relief of an order of the Court directing the rightful possession of real property residential or commercial back to the landlord. New York Eviction Laws: The Process & Timeline In 2023 Periodically, the forms will be updated, so please check back periodically. Other tenants in your building also have rights, and you must respect them. Additional testimony and forms of evidence may be elicited from other witnesses called by the tenant. Rent withholding is a very serious step to take. As part of that process, the Judge will also offer the parties the opportunity to participate in the Alternate Dispute Resolution (ADR) program. Find your new home at 438 Smithtown Blvd #9 located at 438 Smithtown Blvd #9, Lake Ronkonkoma, NY 11779. Call the police and your local Law Services office as soon as you can if any of these things happen. Free Legal Services | Emergency Rental Assistance Program You must also allow the landlord to come in to make the needed repair. Long Island Landlord & Tenant Lawyer | Nassau & Suffolk County The Clerk will mail the papers to the attorney of record or if there is no attorney, to the self-represented landlord. Find the right Suffolk County, Ny Landlord And Tenant lawyer from 129 local law firms. Filing an Affidavit of Service | NY CourtHelp 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. 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. 1. 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. Sometimes a Judge may ask some questions to clarify matters. 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). 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. 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. 8 Important Facts About New York Landlord and Tenant Law P.C., an attorney and litigator providing excellence in landlord tenant, bankruptcy, foreclosure and debt negotiation, matrimonial and family as well as [] The Petition will say why your landlord is telling the judge to make you move. Therefore, if your rent is due on October 1, a proper notice to terminate must be given BEFORE October 1, effective October 31. Take photographs of the problems that can be photographed. How do I ask a Judge to vacate a default judgment and stay my eviction? Even though you may be in the middle of a crisis situation, it is very important to keep proof of your damages; such as pictures of damaged property, receipts for additional expenses incurred, witnesses, police or health department reports, etc. Suffolk County Landlord Tenant Lawyers - Cornell University Fair Housing Laws protect Immigrants, Refugees, and People of all Religious Faiths. MORE CORONAVIRUS COVID-19 COVERAGE New Jersey COVID-19 Vaccine Tracker Discriminatory Acts & Penalties: The New York State Division of Human Rights handles housing discrimination complaints in the state. Self-represented landlords must request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT. The best way to pay your rent is with a check or money order so that you have a record of your payment. If you pay by check, the cancelled check should be saved as your receipt. It can take a month or more for the sheriff to then evict. Tenant Rights in Nassau & Suffolk County | Evictions Law Center 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. T: 202-708-1112 Landlord-tenant proceedings are heard every Wednesday at 9:30 a.m., in the main courtroom. Be ready to tell the judge why you shouldnt have to move. of the person who received the rent. New York Landlord-Tenant Laws Regarding Mold: Know Your Rights Unfortunately, at present, many of the pre-printed Court forms are unavailable due to recent changes in the law. R. David Ades graduated from Benjamin N. Cardozo School of Law and began his legal career handling all areas of corporate law, real estate transactions and commercial transactions. Nassau County Office. Experienced New York City Landlord Tenant Attorney! The landlords right to enter the premises requires your permission. You should not disturb them by being too noisy or cluttering up common areas such as hallways. This is called cross-examination. Get a receipt for your security deposit and save it. 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. Yes, squatters enjoy various rights and protections in NYC and NY State. Under new laws, security deposits in New York will be limited to the equivalent of one month's rent. Do I need to do anything before I file papers with the Court? Cross-examination and perhaps additional questioning by the Judge may follow suit for each witness called.