April 16, 2020. The Petition will say why your landlord is telling the judge to make you move. 646-952-7514. Privacy Policy, LSCA Newsletters and Training Whether your lease says so or not, your landlord must make sure that your rental space is safe and livable: If you live in an apartment building with three or more apartments your landlord has special responsibilities in making your apartment a safe and comfortable place for you to live: You are responsible for paying your rent on time. If youve been illegally evicted and you need help relocating, you should call DSS to arrange for emergency housing and storage. A lawyer will be very helpful in court. What happens if I am a tenant and I do not appear in Court after receiving a NOTICE OF PETITION? I have been served with eviction papers. All of our offices are now open to the public and accepting walk-ins. If you have lived there for less than 1 year and do not have a lease with a term of at least 1 year, your landlord must provide you with 30 days notice; If you have lived there for more than one year, but less than 2, or have a lease term of at least one year, but less than 2, your landlord must provide you with 60 days notice; If you have lived there for more than 2 years or have a lease term of at least 2 years, your landlord must provide you with 90 days notice, a copy of the lease (if you have a written one), a receipt or canceled check for your security payment, receipts for any repairs that you have made to the rental property. 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! This page outlines the rules that will apply after the current state of emergency is lifted. You must take the right steps to protect yourself. Law Firms Lawyers 129 results Client Reviews . The appropriate way to object is to say objection. The Judge may then ask the basis for the objection. Also, check with the landlord about things like trash cans, stove and refrigerator, and storm doors. If you will be paying your own heat and electricity, request the name of the fuel oil or gas company that provides the fuel and check with LIPA to obtain copies of old utility bills for that house or apartment. Retaliating against tenants who testify against their landlord. info@lifairhousing.org, 2023 Long Island Housing Services, Inc. All Rights Reserved | Designed and Maintained by MAXBURST. There is strength in numbers. The notice must be given prior to the beginning of the next term. 376 t or email info@LIFairHousing.org. 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 occasion, Tenants may also file L&T cases either following an unlawful eviction (self-help by the Landlord) or to require a Landlord to fix a dangerous or life-threatening condition at the property. If you have not paid the rent and the landlord decides to evict you, he must then give you a written 14 day notice demanding the rent and serve it in the same way he needs to serve court papers. If you want to move back, it is important to contact a lawyer or us at Nassau Suffolk Law Services to see if we can help you. Be ready to tell the judge why you shouldnt have to move. Can a Landlord Enter Without Permission in New York? Ask the Court Clerk any questions you have about what to do. Read your lease agreement carefully! If you pay by check, the cancelled check should be saved as your receipt. 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. This page outlines the rules that will apply. You should only withhold the rent if there are bad health or safety problems in your home. The money you provide the landlord is still technically your money. The landlord then gives the warrant to the Sheriff who will eventually give you a 14-day notice and warrant of eviction. After being sworn as a witness, the landlord or the landlords managing agent will tell his or her version of the claims in the case. Floor plans starting at $1585. 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. Also, the law may vary from state to state, so some information from our website may not be correct for your jurisdiction. You must appear in court on the date and time stated in the Notice of Petition served on you by the landlords process server. Landlord / Tenant law governs the rental of commercial and residential property. The main advantage of a written lease is that your landlord cannot make you move or raise the rent until the lease ends (as long as you pay your rent and follow the rules in the lease, of course) unless you violate something in the lease. Refusing to rent, sell, or lease housing. 375 or info@LIFairHousing.org to speak to a trained Fair Housing Investigator. Contact the fuel company to find out what the average bill has been. 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. There will then be a hearing - whether or not you have an attorney and you may qualify for free counsel. On April 10, 2023, Carrington Mortgage Services, Llc filed a Foreclosure - (Property) case represented by Abdellah, Amani Sahar against John Doe 1 Through John Doe 12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, Or Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises et al. Bring with you all evidence necessary to prove your claim or your defense. Fair Housing Laws protect Immigrants, Refugees, and People of all Religious Faiths. Sometimes a Judge may ask some questions to clarify matters. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. This legislation also prevents landlords from denying tenants on the basis of receipt of disability benefits, veterans benefits, or other government subsidies and non-wage income. Family Law Llame a Long Island Housing Services al 631-567-5111 ext. Another way to get your landlord to make repairs is not to pay the rent until he fixes the problem. Position Statement In Solidarity With The Black Community read more Founded in 1964, our agency has over. Self-represented landlords must request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT. If the eviction is based on the non-payment of rent, you may pay the landlord at any time prior to the hearing the full amount demanded in the petition. These cases are special proceedings filed pursuant to RPAPL Article 7A: special proceedings to remedy conditions dangerous to life, health or safety. Send a copy of it to the landlord to show that you have the rent but are not going to give it to him until the repairs are made. Service is finished 10 days after the filing and the defendant's time to Answer starts to run. If you were served with a holdover petition, please see Tenant Questions & Answers: Holdover Eviction Cases in New York State. Need Help? Landlord-tenant proceedings are heard every Wednesday at 9:30 a.m., in the main courtroom. If the utility meter is shared with others in the building, the law requires the landlord to have the meter in his name. This is called a month-to-month tenancy. The Office says they will take. Evictions are filed pursuant to Article 7 of the Real Property Actions and Proceeding Law (RPAPL) summary proceedings to recover possession of real property. Call the police and your local Law Services office as soon as you can if any of these things happen. After the WARRANT OF EVICTION is filed with the Sheriff, a Deputy Sheriff will post a 14-DAY NOTICE for you to leave the premises. (2) whether or not you have paid your rent. The information contained in this material is not legal advice. All Rights Reserved. You can make these repairs and clean before you move out to avoid having them deducted from your security deposit. Tenants who believe they have been the victim of housing discrimination may file a complaint with the Division of Human Rights in person or. 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. . If the landlord does not follow the law, you cannot be evicted. Discriminatory Acts & Penalties: The New York State Division of Human Rights handles housing discrimination complaints in the state. Your landlord can keep all or part of your security deposit to pay for any damages that you cause. To grieve both assessments, you are required to file a separate Form RP-524 with both the town and village. Suffolk County landlords of buildings with three or more apartments also cannot refuse to rent to you because of the source of your income (for example, Section 8 Voucher, DSS Shelter Supplement Program, Public Assistance). There are various court proceedings to remove a tenant. the address and whether its a house, apartment, etc.) You are responsible for any damage to the apartment that you cause aside from normal wear and tear. A copy of the papers must be served by someone over the age of 18, who is not a party to the action. Talk to a lawyer to see if the problem is serious enough to withhold rent. He cannot just throw you out anytime he wants. In Suffolk County, however, the District Court has traditionally taken a much stricter approach to illegal rentals. By law, the lease must be written in clear, plain English. 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; The notice tells the tenant the reason, the date that the tenant must move, and that a case will be started if the tenant doesn't move by the deadline. Usually a NOTICE OF PETITION and a PETITION. Fax (Suffolk): 631-567-0160 One disadvantage of a written lease would occur if you want to move out before the lease ends. Whether your lease is written or verbal, it must be consistent with New York State law. Take your time and think before you speak. The Clerk will mail the papers to the attorney of record or if there is no attorney, to the self-represented landlord. TTY: 202-708-1455, Privacy Policy | Web Policies | Accessibility | Sitemap, Privacy Policy | Web Policies | Accessibility | Sitemap, Tenant Rights, Laws and Protections: New York, New York State Housing and Community Renewal Rent Administration, New York State Attorney General Tenants' Rights Guide, New York City Commission on Human Rights complaints. If the police say they cant do anything, and you live in Suffolk County, mention the #92-1. The tenant will then be sworn as a witness to give his or her side of the story and present evidence. Legal advice depends upon the specific facts of each situation. It can take a month or more for the sheriff to then evict. Forms must be completed using BLACK ink only and submitted in duplicate to the Court Clerk for signature. Keep a copy of the letter. A NOTICE OF PETITION must be issued by an attorney or the Court Clerk to compel the appearance of the tenant in Court. Some things the lease should include: amount of time that you will be renting (for example, one year), Both the landlords and tenants responsibilities (such as, what utilities are included in the rent). This can be done in Small Claims Court if the amount is less than $5,000 (or $3000 on the east end of Long Island) and you do not want to move back. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. Apart from reimbursement for unpaid rent or damage to the property, the landlord does not have a right or privilege to spend the money from a tenant's security deposit. New York rental agreements can be either written or oral. You should consult with an attorney or refer to the Real Property Law or Real Property Actions & Proceedings Law to be sure you have satisfied all requirements. HAUPPAUGE - New York Attorney General Letitia James today announced that 462 firearms were turned in at a community gun buyback event hosted by her office and the Suffolk County Police Department. Call us at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. Read our articles on Tenant Rights in New York - Specifically Nassau County tenant rights, Suffolk County tenant rights, & Squatters rights on long island. Note: These rights cannot be waived, regardless of what the rental agreement says. (It may be worthwhile to negotiate a rent increase you can afford with the landlord.). Your landlord can evict you for not paying the rent. After the inspection, the law requires the landlord to give you an itemized list of all needed repairs and/or cleaning. Or he may take you to court to try to evict you for not paying the rent. Find the right Bay Shore, NY Property Damage lawyer from 8 local law firms. Descargue GRATIS la Gua de Vivienda Justa, Long Island celebra el 50 aniversario de la Ley de Vivienda Justa, New York State Attorney Generals Guide to Changes in Rent Law, New York State Attorney Generals Tenants Rights guidebook in 7 languages, Guidance to Law Enforcement on Illegal Lockouts, LIHS Tenant rights in foreclosed properties, Inquilinos en Bienes Adjudicados: Lo Que usted Debe Saber-Espaol. Go to court on the day stated in the Notice of Petition, even if you dont have a lawyer. (718) 487-3303. If you are a tenant involved in a dispute with your landlord, it is important that you document everything and communicate with your landlord in writing. Lease Terms or Tenancies Less Than One Year: Lease Terms or Tenancies More Than One Year (or Less Than Two Years): Lease Terms or Tenancies More Than Two Years: Senior citizens and serious health issues. The best way to pay your rent is with a check or money order so that you have a record of your payment. L&T proceedings are specialized and procedural rules must be followed strictly. Set Location. Bring copies of any letters you may have written to the landlord asking him to make repairs. You are responsible for paying the rent on time. A tenants association meets regularly to solve problems and improve conditions in their building. If you can, take pictures of each room. P.C., an attorney and litigator providing excellence in landlord tenant, bankruptcy, foreclosure and debt negotiation, matrimonial and family as well as [] Subscribe In the Supreme, County and City Courts, the Affidavit of Service must be filed by 20 days or less from the date the papers were left or mailed whichever is later. If your landlord evicts you illegally, you can sue for three times the damages you suffer. Landlords are required to make necessary repairs in a timely manner. This should include: If there is damage to the premises before you move in, and you did not request a pre-occupancy inspection, remember to take pictures of it or make a detailed list of the damage and ask the landlord to sign it. If your apartment had serious problems, you may be able to get the judge to decide that you should have money taken off the rent. HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. 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). December 2019 rent). This is a 5-bed, 6.5-bath property. Legal advice depends upon the specific facts of each situation. When you move out, the landlord cannot deduct any of your security deposit based on these pre-existing conditions. Take a friend with you and write down anything that needs to be fixed. Security deposits protect the landlord in case there is damage to the property. A lease is a written agreement between a landlord and a tenant that contains the terms and conditions of the rental. Using applications that directly or indirectly put limits on preferences for prospective tenants. A tenant who decides not to renew at the end of a fixed term lease need not give any notice. 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
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