The Notice of Petition will tell you what court to go to and when to go. Islandia: 631-232-2400 Yes, under certain circumstances, a tenant may commence a proceeding against can bring a landlord in to L&T Court. He cannot just throw you out anytime he wants. Local Suffolk County NY Landlord & Tenant Lawyers (39 results) Filter Filter Clear all REVIEWS and up and up and up and up Credentials Super Lawyers rated FEATURES Offers virtual appointments Offers free consultation FEES & PAYMENTS Payments plans available Accepts credit cards SHOW BY DISTANCE 10 mi 30 mi 60 mi All LANGUAGE Apply Filters Super Lawyers. Find your new home at 438 Smithtown Blvd #9 located at 438 Smithtown Blvd #9, Lake Ronkonkoma, NY 11779. 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. If you are short of money and cannot pay your rent, there are a few things that you can do. Probably. 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. Discriminatory Acts & Penalties: The New York State Division of Human Rights handles housing discrimination complaints in the state. When you move out you should give the landlord your forwarding address because 14 days after you move out, the landlord needs to send you an itemized statement of any amount of your security deposit that is kept for damages or back rent and the balance of the money you gave as security. Self-represented landlords must request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT. 1. Find out if you have done everything you need to, such as writing letters to the landlord telling him about the problem. To grieve both assessments, you are required to file a separate Form RP-524 with both the town and village. Landlord Tenant Lawyer Serving Suffolk County, NY. Victims of rental scams can find it difficult to get justice after they have been scammed; scammers often disappear (along with the victims money) once they have been found out. includes form for pro-se defendants to have the court prepare and serve and file Notice of Appeal. (It may be worthwhile to negotiate a rent increase you can afford with the landlord.). Read your lease agreement carefully! Phone (Nassau): 516-292-0400 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. L&T proceedings are specialized and procedural rules must be followed strictly. It also gives neighbors a chance to get to know one another! Education If you pay your rent with cash or a money order, the landlord must give you a written receipt under the law. In addition, even if you appeared in Court, but seek additional time prior to the eviction or circumstances have changed that warrant vacating the judgment and/or warrant, you may submit an Order to Show Cause for the Courts consideration. What happens at the conclusion of my L&T case? If you settle the case, the agreement will be put in writing in a document called a stipulation. Check availability now! If you are denied help from DSS, save the papers that say so and request a fair hearing (1-800-342-3334). This is called cross-examination. 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; If you pay by check, the cancelled check should be saved as your receipt. Inform the landlord of any repair or maintenance issue. 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. Experienced New York City Landlord Tenant Attorney! To qualify as a small claim, the amount cannot exceed $3,000 if filed in a Town or Village Court, and $5,000 if filed in a City or District Court. Your landlord must let you know he is taking you to court by sending you legal papers. A copy of the papers must be served by someone over the age of 18, who is not a party to the action. The same rules do not apply to holdover proceedings. 378. As part of that process, the Judge will also offer the parties the opportunity to participate in the Alternate Dispute Resolution (ADR) program. A landlord can propose to raise the rent of a month-to-month tenant. Landlord's Rights in Suffolk County, NY. Our mission is the elimination of unlawful housing discrimination and promotion of decent and affordable housing through advocacy and education. If you do, the judge will likely decide against you and grant the landlord a court order to evict you. Just get your neighbors together for a meeting and decide what problems you want to work on. The money you provide the landlord is still technically your money. Get to court on time and dress neatly. Give the tenant at least 30 days notice to leave. 646-952-7514. Be sure to get legal help if you think your landlord is evicting you because youve complained or joined a tenants association. The information contained in this material is not legal advice. Be prepared. To seek legal guidance regarding a property transaction or dispute, call The Nathanson Law Firm LLP at 516-568-0000 or contact us online to schedule an appointment. 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. This entire legal process will take several weeks before the sheriff is actually knocking at the door. The failure to adhere to the applicable laws pertaining to Predicate Notice may be a basis for the L&T case to be dismissed. Read More. See the topics below for more information. Family Law 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. 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! Landlords want to take all necessary precautions to ensure the safety of their tenants, and tenants want to trust that the property they are renting is safe. 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. 376 t or email info@LIFairHousing.org. Special note: In Suffolk County, a landlord must offer a written lease of at least one year in buildings with 3 or more apartments. For example, the following situations may permit such a case. Also, the law may vary from state to state, so that some information from our website may not be correct for your jurisdiction. Any Client Rating 5.0 4.0 & above 3.0 & above 2.0 & above 1.0 & above Peer Reviews . Last Updated: You can call the Town and inquire as to who is listed on the tax bill to make sure that the person renting to you actually owns the property. Originals (not photocopies) may be required, if available. 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. 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 . 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. You can also file a fair housing complaint with HUD at (800) 669-9777. 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. If the landlord has not received your rent within 5 days of the day it is due, he must send you a notice stating he has not received the rent. The landlord may offer certain documents into evidence. However, a landlord must give tenants reasonable notice (at least 24 hours, in most cases) before entry, unless its an emergency. (Call the NY Public Interest Research Group NYPIRG for information on Small Claims at 516-222-0086). Call the police and your local Law Services office as soon as you can if any of these things happen. Types of Housing 100 lawyers Legal advice depends upon the specific facts of each situation. 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 Judge may again ask questions. This applies to multi-family units only. The Judge may grant a DEFAULT JUDGMENT against you. Suffolk County, NY Landlord And Tenant Law Firms. If your property is located in a village that assesses property, you will have two assessments, one for the village and one for the town. 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. 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. If a valid rental agreement exists, New York law ( NY Real Property Law Sec. Professional process servers may be found in the phone book or online. A Notice of Termination is given to a tenant to end the tenancy. There are various court proceedings to remove a tenant. 1325 Franklin Avenue 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). 640 Johnson Ave., Suite 8, Contact Us Visit Website View Profile. 378 para hablar con un investigador capacitado en equidad de vivienda. I have been served with eviction papers. Do I need to do anything before I file papers with the Court? Landlords are required to make necessary repairs in a timely manner. By law, the lease must be written in clear, plain English. Long Island Housing Services functions as the only Long Island based dedicated fair housing agency serving all of Nassau and Suffolk Counties. 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. Your landlord may make the repairs if you withhold the rent. The official statement can be found here. 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. A letter from a landlord or landlords attorney is NOT enough to evict you. Please refer to our COVID-19 resources for updates on temporary changes to these rules. When the WARRANT OF EVICTION is enforced, the Sheriff will return and remove you and your personal property. Its illegal for New York landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations. Call Law Services for advice and information. You can contact the Suffolk County Bar Association for a free or low-fee consult. Try not to pay your rent with cash. Volunteer 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

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