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Now that the pandemic is over, we are getting a lot of calls from people facing eviction with no money and no place to go.**
I’d like to discuss the eviction process and ways to slow it down.
First, landlords or new owners are not above the law. They cannot simply throw you and your belongings out. If they threaten you or attempt a "baseball bat eviction," call the police immediately. If they harm you, that is assault, and you can have the landlord or new owner arrested. You can also seek an order of protection.
Now that we’ve discussed illegal evictions and your rights, let's explore the legal eviction process and how you can slow it down.
Types of Evictions
There are different types of evictions:
1. **Non-payment eviction**: When you’re behind on rent.
2. **Holdover eviction**: The landlord wants you out even if the rent is current.
Non-Payment Eviction Process in Suffolk County, NY
If you’re behind on rent, the landlord will serve you a 14-day notice to cure the rental arrears. If you can’t pay, the landlord will begin the eviction process. If your landlord is a corporation, they must use a lawyer. After the 14-day notice expires, you **do not** have to leave immediately—it’s just the beginning of the eviction process.
After the 14-day notice, you’ll be served an eviction notice with a court date in about a week. "Tack and mail" service is considered sufficient—they don’t have to serve you in person. If you need to stall the process, **go to court**. Request a two-week adjournment to find and hire a lawyer. This will give you extra time (1-3 weeks).
At court, check if Nassau-Suffolk Law Services can represent you. If not, call the New York Bar Association for free legal help. Whether you have a lawyer or not, you’ll likely work out a stipulation agreement with the landlord’s lawyer, which could give you another 30-day stay.
What Happens After 30 Days?
Once the 30-day stay is up, the stipulation allows the landlord to move forward. The paperwork will be submitted to the sheriff's office, which could take 1-3 weeks, or longer. Once the sheriff receives the papers, it could take another week to a month to serve you a 14-day notice to vacate**. If you don’t leave, the sheriff will come with movers to place your belongings on the curb. They usually take up to 30 days after the notice is served.
OSC (Order to Show Cause)
If you still can’t move out, you can file an **OSC (Order to Show Cause)** to delay the eviction, but you’ll need a defense to convince the judge to sign it. Request a **Travis hearing**, which involves a jury and takes longer to set up, giving you more time. If approved, you could gain an additional two months.
During this process, save money and search for housing. If you're on DSS, they may move you after the sheriff's notice and possibly cover storage.
Holdover Eviction
A holdover eviction means the landlord wants you out, regardless of payment. Instead of a 14-day notice, you’ll receive a 30, 60, or 90-day notice, depending on your tenancy length. The landlord cannot collect rent during this notice period. If they do, don’t agree to the stipulation; show proof of payment to the judge, and the eviction will be canceled, forcing the landlord to start over.
For more details on filing an OSC, visit this link:
Challenge process service with by requesting a traverse hearing by clicking here
For more information on the eviction process:
[Eviction Process in Nassau and Suffolk: Click here
For homeless shelters in the area Nassau and Suffolk: Click here
Call or text us at (631) 260-1363 or for Spanish at (631) 260-1260.
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