Now that the pandemic is over, we are getting a lot of calls from people getting evicted and they have no money and no place to go.
I would like to discuss the eviction process and ways to slow it down.
First off the landlord or new owner is not above the law. They cannot just throw you and your stuff out. If they threaten you or attempt to do a baseball bat eviction, call the police immediately, if they hurt you that is assault, and you can have the landlord or new owner arrested. Along with get an order of protection.
Now that we discussed the wrong way to do an eviction and your rights. Let's dwell into the right way and your rights to slow down the process.
There are different types of evictions. You have eviction for non payment, and holdover eviction which means the landlord wants you out no matter what, even if the rent is paid current.
Please note the Judges in Suffolk County NY are pro landlord.
Lets start with eviction for non payment.
Your behind in your rent and have no money to bring your rent current. The landlord will serve you a 14 day notice to cure the rental arrears. If you cannot pay the rent. The landlord will start the eviction process, if your landlord is a corporation they have to use a lawyer. If not they can do the eviction process themselves. People usually call us when they get served the 14 day notice panicking that they have 14 days to leave. You do not have to leave after the 14 days. The eviction is at the beginning stages.
Ok you default on the ten day notice to cure, and you can't leave.
The landlord serves you an eviction notice with a court date in about a week. Tack and mail service is sufficient service. They do not have to serve you personally. If you need to stall the process it is very important you pay attention. Go to court I know its stress. I myself hate court. When you go to court request an adjournment, and ask for two weeks to find and hire a lawyer. You will be granted an adjournment date. Your new court date will be anywhere from one to three weeks.
While you are still at court look for Nassau-Suffolk law services, ask them if you qualify for them to represent you. If not then call New York bar association ask if they can give you the name of a lawyer that will represent you for free. If you have a lawyer or not. When you go back to court. The lawyers or you and the landlords lawyer will sit down to work out a stipulation agreement before seeing the Judge. You can get on average another 30 day stay. The stipulation agreement benefits both of you.
Once the 30 days on average is up and you can't move out. You still have time. This is where the stipulation works in favor of the landlord. The stipulation will make it a little faster to process the papers that get submitted to the sheriffs office. This process will take 1-3 weeks, if not longer.
Once the sheriff has the papers signed by the judge to execute the warrant to evict, the sheriff's office will take anywhere from a week to a month to serve you the 14 day notice to vacate. If your not out by then the sheriff will show up at your house with movers to move your stuff to the curb. They are usually not there on the 14 th day. The sheriff can take anywhere from the 14 th day to 30 days to come to your house. It is not worth staying after the 14th day. It is simply to stressful. If you still can't move out. You can do an OSC ( order to show cause). You will need a defense for the judge to sign the OSC to stay the eviction untill there is a trial. On your OSC you want to request a Travis hearing this is a hearing with a jury. It takes longer to set up and buys you more time. If this works and the judge signs the OSC you will delay the eviction process approximately another two months.
In this process it is important you save your money and start looking for a place to live. If your on DSS, they will tell you that they will move you after the 14 day notice was served by the sheriff's office. They may also pay for a storage unit.
If your not on DSS. This is very stressful, if you can move out sooner then later we recommend it.
Some side notes: If you go to trial in the beginning or after the OSC. The judge will not entertain you saying anything that is wrong with the house and that is why you didn't pay the rent. He will say something like. Pay the landlord his rent or leave.
Some exceptions to the rule. The landlord may have a fried or family member who works in the sheriffs office. If that is the case. Once the sheriff gets the eviction file. That person will Expidite the eviction and serve you faster and get the sheriff to you house to evict you very soon after the 14 days has expired.
We discussed in the beginning about the holdover eviction, that is when the landlord wants you out no matter what. Everything is the same except in the beginning they have to give you a 90 day notice instead of a 14 day notice to vacate. The landlord is not allowed to collect rent during this 90 day notice to vacate. If they do accept rent from you whether they demand it or you offer to pay the rent. Do not agree in the stipulation that the landlord offers you. Go in front of the judge show proof you paid rent and the judge will cancel the eviction, and the landlord will have to start over.
Below is a link showing you how to do an order to show cause (OSC) to stay an eviction.
More info on the eviction process.
Shelters link.
Call or text us. (631) 260-1363 or Spanish (631) 260-1260
Additional help. Please fill out this form if you need help the more information we have the better we can help you.
Chaplain Steven & Gabriela Crawford
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