The eviction process in Suffolk County, New York involves several steps to legally remove a tenant from a rental property. Landlords must adhere to the rules outlined in New York state law and local ordinances.
If the landlord threatens you in anyway to leave the premises, call the police. If you come home and the landlord puts your stuff to the curb call the police.
Notice: The process usually starts with the landlord serving the tenant a written notice, such as a "Notice to Cure" for lease violations or a "Notice of Termination" for non-payment of rent. Notice for non payment of rent is a 14 day notice. Or a (holdover notice to quit) if the landlord wants possession regardless if the rent is paid. Less than one year: The landlord must give the tenant 30 days notice. One to two years: The landlord must give the tenant 60 days notice. More than two years: The landlord must give the tenant 90 days notice
Court Filings: If the tenant does not comply with the notice, the landlord can file a petition in the local court. The court will issue a summons and complaint, which must be served to the tenant according to legal guidelines. Time frame to do so is anywhere from a week to a month for a court date. They will have to serve you the papers for court if they can not serve you personally they are allowed to tax a copy on your door and mail a copy.
Court Appearance: The tenant has the right to respond to the complaint in court. A hearing date is set, and both parties present their cases. Before the case is presented to the judge the land lords lawyer will try and workout a stipulation with you. These usually go in the land lords favor. Be careful do not sign if you don't understand what your signing, in fact if you have any concerns adjourn the court date requesting time to consult a lawyer. This will delay the eviction process one-two weeks. Remember in Suffolk NY judges are pro landlord. If you have a legitimate complaint be sure you have the landlords money in your lawyers escrow account, in the event you have to go in front of the judge. The judge will make a decision based on the evidence presented. If there is a stipulation he will accept that in to the judicial system.
Judgment and Warrant: If the landlord wins the case, a judgment is issued in their favor. If the tenant still does not vacate, the landlord can request a warrant of eviction from the court. Usually people sign a stipulation giving the tenant anywhere from two to four weeks to leave. If the tenant does not leave, the time frame of the process to have a judge sign a warrant of eviction is two to four weeks.
Enforcement: The court issues the warrant to the local sheriff's office. The sheriff schedules the eviction, providing the tenant with a 14 day notice of eviction. Depending on how busy the sheriff is it can take anywhere from one to two months for the sheriff to serve the 14 day notice.
Physical Eviction: On the scheduled eviction date, the sheriff oversees the removal of the tenant and their belongings from the property. Any personal property left behind will be put at the curb. The landlord will file a judgment against you for all arrears and expenses. That judgement will haunt you for 20 years.
It's important to note that the eviction process can vary based on specific circumstances, and it's recommended to consult legal counsel or local resources for accurate and up-to-date information. Evictions must be carried out following strict legal procedures to protect both landlords' and tenants' rights.
You have rights Nassau Suffolk legal services May represent you in court for free. It's worth the call.
You can also call the bar association and ask for a lawyer that will represent you pro bono.
If you need homeless long island to help guide you through this process. Please: Click here
To learn how to slow down the eviction process: Click here
Contact Suffolk bar association and ask for a pro bono (free lawyer).: Click here
Nassau Suffolk law services Can represent you for free if you qualify, in eviction court, and or bankruptcy court: Click here
Tenants rights. Click here
From a Facebook comment.
The right to due process
Your landlord cannot evict you without a court process. Your landlord cannot physically remove you or your belongings from your apartment before receiving an order from the Court authorizing an eviction.
Non-Rent Regulated Lease Renewals
For non-rent regulated apartments, the landlord does not have to renew the lease.
A lease may contain an automatic renewal clause. In such cases, the landlord must give the tenant advanced notice of the existence of this clause between 15 and 30 days before the tenant is required to notify the landlord of an intention not to renew the lease. (General Obligations Law § 5-905).
If the landlord of the non-regulated unit intends to renew the lease with a rent increase of more than 5%, or does not intend to renew the lease, they must provide advanced written notice:
If you have lived in your apartment two or more years, or if you have a two-year lease, your landlord must provide you with 90 days advanced written notice before raising your rent or not renewing your lease;
If you have lived in your apartment for more than one year, but less than two years, your landlord must provide you with 60 days advanced notice before raising your rent or not renewing your lease; or
If you have lived in your apartment for less than one year, or have a lease for less than one year, your landlord must provide you with 30 days advanced notice before raising your rent or not renewing your lease.
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