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. New York State Bar of New York and Academy of Trial Lawyers. Sometimes, you wont be able to find any available housing and want to move back into your home. Your landlord must let you know he is taking you to court by sending you legal papers. Make sure you keep all invoices and take pictures. A landlord can propose to raise the rent of a month-to-month tenant. Public Benefits Remember, your landlord may try to evict you if you withhold your rent. 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. 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. Do not spend the rent money! Can a Tenant Change the Locks in New York? When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. In a settlement you can help determine the outcome of your case. 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). Frequently Asked QuestionsHow to request a stay of eviction or vacate a default L&T judgment (DC-420). If you think a landlord has discriminated against you, you can complain to Long Island Housing Services at (631) 567-5111. Suffolk County Judicial Facilities Agency The Agency was created by Chapter 200 of the Law of 1999, State of N.Y. If the house is supposedly being rented by a property management company, you can check out the authenticity of the company. In addition to having laws that address general issues like repairs and security deposits, most states, including New York, grant rights and responsibilities about things like lock changes and a landlords right to entry. Call me RIGHT now for a FREE consultation - Click to Call -> (631) 747-0356. If you pay the rent any time up to and including the day you need to appear in court, and sometimes until the eviction date, you will not be evicted. DFS will seek to determine whether the property is subject to a mortgage, and, if so, to identify the party responsible for inspecting, securing and maintaining the property in . All future court dates, if any, will be set during court proceedings or upon notice by the court. 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. Discuss Your Needs with a Real Estate Attorney or Landlord-Tenant Lawyer in New York. One disadvantage of a written lease would occur if you want to move out before the lease ends. Most landlords require tenants to pay a security deposit. If there is an elevator, your landlord must put a mirror inside so you can see if anyone is already in it. Landlord Tenant Lawyer Serving Suffolk County, NY. How does the Tenant find out about the court date? If it is, you should try and talk to a lawyer before you take any of the next steps. These cases are special proceedings filed pursuant to RPAPL Article 7A: special proceedings to remedy conditions dangerous to life, health or safety. It is very important to save all receipts for the repair. DC-16 (English, Spanish, & Polish) Notice of Appeal - Criminal. The Attorney General's Office is continually monitoring landlord rights across the state to make sure no tenant is being harassed or discriminated against. The tenant has 10-17 days to prepare for the hearing. Where there are several apartments in your building, sometimes the best way to solve problems is to form a tenant association. You can easily verify who owns the property by checking with the right county office. Do I need to do anything before I file papers with the Court? In Suffolk County, the landlord must offer a lease in buildings with 3 or more apartments. Medical The Judge may again ask questions. Last Updated: Verified Attorney. Bring with you all evidence necessary to prove your claim or your defense. Important Dates and Events The listing below provides the contact information for each county. 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. Get peer reviews and client ratings averaging 3.0 of 5.0. . When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. Sometimes a Judge may ask questions to clarify matters and/or to conduct the hearing in an expeditious manner. Yonkers requires all landlords to provide in-unit heating during certain parts of the year. New York State law requires that the rent receipts include: the date you paid the rent, the amount that you paid, the amount of time that the money is paying for, the place being rented (i.e. Sometimes a Judge may ask some questions to clarify matters. The landlord will then be able to request and have issued by the Court need a JUDGMENT OF POSSESSION, and A WARRANT OF EVICTION. You must explain to the Judge in your papers that you have. A confidential consultation will provide guidance and insights to both tenants and landlords alike. The best way to pay your rent is with a check or money order so that you have a record of your payment. You can avoid trouble later on by being careful when you first rent a house or apartment. First and foremost, landlords have a right to timely payment of rent from their tenants, at the agreed-upon rate. 2023, iPropertyManagement.com. 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. Unfortunately, at present, many of the pre-printed Court forms are unavailable due to recent changes in the law. Take a friend with you and write down anything that needs to be fixed. New York state law adds additional protections for tenants on the basis of age, marital status, military status, sexual orientation, and gender identity. Additional Rent Increase Rules: Landlords must also comply with: Notice Period for Rent Increases: Landlords must give 30, 60, or 90 days notice before increasing rent depending on the lease term. A copy of the papers must be served by someone over the age of 18, who is not a party to the action. Housing and Urban Development, U.S. Department of Housing and Urban Development, 451 7th Street, S.W., Washington, DC 20410 Fair Housing Laws protect Immigrants, Refugees, and People of all Religious Faiths. Possibly, dependent upon the particular circumstances of your situation. The information contained in this material is not legal advice. 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. 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. Failing to make reasonable accommodations. This may be served personally, but if you are not home, the sheriff will leave it with another responsible person who lives in your household OR will leave it on your door, window, or in your mailbox and mail it as well. Tenants associations are easy to start. Finally, this information is not guaranteed to be up to date. Security deposits protect the landlord in case there is damage to the property. You can make these repairs and clean before you move out to avoid having them deducted from your security deposit. If you believe that a landlord has discriminated against you for this or any other reason, you can complain and file a grievance with the Suffolk County Human Rights Commission at 631-853-5480. Your landlord can keep all or part of your security deposit to pay for any damages that you cause. NSLS Programs. This case was filed in Suffolk County Superior Courts, with None presiding. It is your right as a tenant to have a livable, safe and sanitary apartment. The city of Buffalo has laws that protect tenants from discrimination on the basis of gender identity, immigration status, and lawful source of income. 220-238A) states that landlords have certain rights, such as the right to receive timely rent and the right to be reimbursed for damages that exceed normal wear and tear. Even if you agree that you didnt pay the rent or that what the landlord says is right, you should still go to court. When its your turn, tell your side of the story clearly and calmly. Always read a written lease very carefully BEFORE you sign it! New York City residential hotel owners and tenants are governed by the rent stabilization law, enforced by the DHCR. This applies to multi-family units only. Sometimes, landlords will try to evict you because you have complained about conditions in your home to either the landlord or his agent or government agencies or because you joined a tenants association. Usually a NOTICE OF PETITION and a PETITION. The Notice of Petition will tell you what court to go to and when to go. Landlords are required to make necessary repairs in a timely manner. Fair Housing Laws protect Immigrants, Refugees, and People of all Religious Faiths Landlord-Tenant assistance If you need assistance with a landlord-tenant matter, please call Long Island Housing Services at 631-567-5111 ext. In Suffolk County, however, the District Court has traditionally taken a much stricter approach to illegal rentals. In New York, if a tenant has a month-to-month lease or rental agreement and the landlord does not have cause to terminate the lease early, then the landlord must give the tenant notice as follows: Tenants occupying for a year or having a lease of at least one year: 30 days' notice. handles all areas of landlord-tenant law in Suffolk County and throughout Long Island and New York, including preparation of leases and evictions. Whether you are a tenant or a landlord, we provide Landlord/Tenant Counseling to help you deal with issues related to security, eviction, habitability, rights, handicapped access, and more. You might also contact Nassau/Suffolk Law Services and Long Island Housing Services, Inc for assistance. Thats why it is important for renters to be on guard against rental scamsand one of the best ways to do this is to be informed! Apart from paying rent in a timely manner, New York tenants must: Landlords in New York are permitted to evict tenants for the following reasons: It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons. What is a Landlord-Tenant (L&T) court case? When the landlord or the person on the landlords behalf has finished testifying, the tenant has the right to ask questions. All public documents must be certified by the agency producing such documents (a certification is a statement that the documents are true copies of an agency's records - the agency should be able to tell you how to get the records certified). Call us at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. A written lease is a written agreement signed by both you and your landlord. How do I ask a Judge to vacate a default judgment and stay my eviction? Calendars are called at 9:30 a.m. There is strength in numbers. Please consult with an attorney if you have questions regarding the timing of notices provided in your case. 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. However, a landlord must give tenants reasonable notice (at least 24 hours, in most cases) before entry, unless its an emergency. Scammers have many creative ways to cheat you out of your money, and they seem to come up with new ideas every day. The sheriff will return at some point after the end of the 14th day to remove you and your belongings from the premises. In New York, if a person lives on a property openly and adversely without the owner's permission for at least 10 uninterrupted years, that person can make an adverse possession claim, provided that they have paid the taxes throughout the teen years. Testimonials If you must move, the landlord will ask the judge to sign a paper called a Warrant of Eviction. Also, the law may vary from state to state, so that some information from our website may not be correct for your jurisdiction. Landlord's Rights in Suffolk County, NY. If you wish to proceed without an attorney, you will be responsible for preparing your papers in accordance with the law, without assistance from the court staff. Landlord-Tenant (L&T) court cases generally seek the relief of an order of the Court directing the rightful possession of real property residential or commercial back to the landlord. It is a good idea to write the period that the payment covers on the check or money order (i.e. You must pay a filing fee and get an index number. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. 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 The deposit cannot be greater than one months rent and is intended to cover damages beyond normal wear and tear. New York Attorney . You must let your landlord know when a repair is needed. Most written leases are good for a year but can be longer or shorter. Where a town ordinance prohibited renting without a rental permit, the absence of such a permit by the landlord would generally lead to the dismissal of a non-payment action. The material contained on this site cannot replace the advice of competent legal counsel licensed in your state. (Call the NY Public Interest Research Group NYPIRG for information on Small Claims at 516-222-0086). A judgment for unpaid rent and fees may also be entered against you. Inform the landlord of any repair or maintenance issue. T: 202-708-1112 For additional local resources, you can also contact a housing counseling agency. The information contained in this material is not legal advice. 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. The lease gives you the right to quiet enjoyment of the property until the lease end date. and the signature and title (i.e. The money you provide the landlord is still technically your money. The important thing to remember is that you have a legal contract with your landlord, even if it is not in writing. 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. Call Law Services as soon as you received court papers and we will try to help if youre eligible and we have an available attorney. Most people pay their rent once a month. The landlord is not required to use the security that you paid to cover the rent. Whatever the issue or concern, we can help. Board of Directors in the jurisdiction of Suffolk County, NY. Call us at Witkon Law to get expert advice right away. It is important to talk to a lawyer when you get these legal papers. The landlord then gives the warrant to the Sheriff who will eventually give you a 14-day notice and warrant of eviction. Attorneys may submit a proposed MONEY JUDGMENT and pay the fee for a TRANSCRIPT OF JUDGMENT at the time the WARRANT and JUDGMENT are submitted, and the Clerk will issue the TRANSCRIPT OF JUDGMENT to be used in enforcing any money judgment. When you move out, the landlord cannot deduct any of your security deposit based on these pre-existing conditions. Contact a skilled Suffolk County landlord / Tenant attorney at The Law Office of Shawn R. Kassman, Esq., with offices in Central Islip and Holtsville NY. Your landlord may make the repairs if you withhold the rent. Try to work out an agreement with your landlord and get it in writing. Evictions; FAQs; . The likely result of which is that there will be a Judgment of eviction. Check your local county and municipality for additional landlord tenant regulations. For example, many NYC units are covered under rent stabilization ordinances which set restrictions on rental prices. Legal Assistance of Western New York, Inc.- LawNY - Geneva Office. 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). 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. Search. If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. The legal papers you will get are called a Notice of Petition and a Petition. A lease gives you and your landlord rights and responsibilities. Read our articles on Tenant Rights in New York - Specifically Nassau County tenant rights, Suffolk County tenant rights, & Squatters rights on long island. If you settle the case, the agreement will be put in writing in a document called a stipulation. Lease A lease is a written agreement between a landlord and a tenant that contains the terms and conditions of the rental. You can check ownership records by going to the office of the county clerk and searching to make sure that the person renting to you actually owns the property. Discriminatory Acts & Penalties: The New York State Division of Human Rights handles housing discrimination complaints in the state. Then, prioritize the problems and get started! The Court Clerk will assist you in setting a court date in order to ensure that Court will be in session. 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. You are responsible for any damage to the apartment that you cause aside from normal wear and tear. Landlord & Tenant Court courthouses are open Monday - Friday from 9:15 a.m. to 5:00 p.m. and are closed from 1 p.m. to 2 p.m. All business must be commenced by 12:30 p.m. in the morning session and 4:00 p.m. in the afternoon. The Landlord-Tenant (Eviction) Courts at the Nassau County District Court and the Suffolk County District Courts (as well as the Courts in the City of Glen Cove, City of Long Beach and East End Towns [Southampton, East Hampton], Westchester County, New York City, etc) are open and operating. Education It is illegal for your landlord to lock you out, shut off your heat/water, take the doors off your apartment or remove your possessions without a court order. If you can, take pictures of each room. 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 Additionally, landlords have a right to be compensated for damage a tenant causes to a rented unit . As with a written lease, as of October 12, 2019, should the landlord want to raise the rent by 5%, or more, or terminate the tenancy, depending on how long you have lived there, he must give you a 30, 60 or 90 day notice before your tenancy expires, as set forth above. Home; Topics; Housing; Tenant and homeowner rights . The Law Office of Shawn R. Kassman Esq. After a WARRANT OF EVICTION is issued by the court (you must request it - see below - and you receive it in the mail) you must file it with the Suffolk County Sheriff. info@lifairhousing.org, 2023 Long Island Housing Services, Inc. All Rights Reserved | Designed and Maintained by MAXBURST. There will then be a hearing - whether or not you have an attorney and you may qualify for free counsel. New York landlords must give the following mandatory disclosures: New York state law prohibits landlords from locking tenants out, especially as a form of retaliation. Affidavit of Service (Mail) DC-149M Use with Order to Show Cause or Motion where service by mail is ordered. You must also allow the landlord to come in to make the needed repair. The notice must be given prior to the beginning of the next term. 378 para hablar con un investigador capacitado en equidad de vivienda. and of the tenants right to inspect the property before occupancy. Parties to a lawsuit have a right to object to the introduction of evidence or the way a question is being asked or answered. 1. In the event that your landlord sues you for nonpayment of rent, and the judge determines that the withholding of the rent was not reasonable, you will have to pay that money at that time in order to avoid being evicted. In New York, repairs must be made within a reasonable time (usually under 30 days) after getting written notice from tenants. When theres a habitability issue, they must make needed repairs after receiving notice from the tenant. After the inspection, the law requires the landlord to give you an itemized list of all needed repairs and/or cleaning. Always get a signed receipt for your rent. To grieve both assessments, you are required to file a separate Form RP-524 with both the town and village. Save all your rent receipts. Often, it is hard to know when youve been discriminated against and it can be difficult to prove. The deposit you give your landlord is still your money and cannot be spent by the landlord. If all parties are present, the Judge will probably request that you try to settle the case - a voluntary, binding agreement that resolves the differences between the parties to a lawsuit. Be sure to get legal help if you think your landlord is evicting you because youve complained or joined a tenants association. Make sure you find out if the home is a foreclosure. If the landlord wins, the landlord is granted possession of the property. Call the police and your local Law Services office as soon as you can if any of these things happen. They can also cancel the rental agreement, and sometimes can make repairs and deduct from the rent. Legal advice depends upon the specific facts of each situation. 1. Free Consultation. New York rental agreements can be either written or oral. Bring cancelled checks or rent receipts to show that you paid the rent. The purpose of this law is to encourage consumers to use their own reusable bags for shopping and to reduce the environmental impacts associated with single use bags. Sometimes a Judge may ask some questions to clarify matters. After each tenant is served with a copy of the papers, the process server must swear on a form called an AFFIDAVIT OF SERVICE as to how the papers were served. First, talk to your landlord. If you need repairs tell your landlord and ask when the repairs will be done (if its an emergency, notify your landlord immediately!). Keep in mind that the day you were served doesnt count toward the 14 days. Your landlord may try to evict you for not paying your rent if you take this action. A tenant might sue a landlord in Small Claims Court if money is owed after the tenant has moved out of the rental. You can avoid scams by making sure that the person renting to you actually has the right to do so. If you have not been able to find other housing by the time you receive the 14-day notice, you may be eligible for emergency housing and storage assistance from DSS. Donations This is called retaliatory eviction and it is against the law. When a New York landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. HearingGenerally, the landlord presents his or her case first.
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