suffolk county, ny tenant rights

Tenants are allowed to change their locks at will, but must usually provide copies of new keys to the landlord. The judge may say that you do not owe all the rent money because your home had serious problems. There are simple steps that you can take to avoid and report rental scams. The steps your landlord needs to take if he wants you to move depend on two things: (1) whether or not you have a written lease and. A judgment for unpaid rent and fees may also be entered against you. 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. Reginald A Jacobs. Special note: In Suffolk County, a landlord must offer a written lease of at least one year in buildings with 3 or more apartments. Westchester County, NY Landlord Tenant Attorney. For more information or to schedule a consultation, call our Long Island landlord-tenant dispute law office at (631) 348-1702 or fill out our contact form. Types of Housing At the end of the court case, the judge will tell you when and if you have to move and how much rent you owe. Fortunately, the landlord must try to rent it as soon as possible to lessen what you will not need to pay. If you do not have a lawyer, get a money order or bank check for the amount of the rent. 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. Be prepared. If the landlord does not follow the law, he is liable for damages, up to twice the amount of your security deposit. Ask questions if you do not understand something in the lease. 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. Even if you agree that you didnt pay the rent or that what the landlord says is right, you should still go to court. Unfortunately, at present, many of the pre-printed Court forms are unavailable due to recent changes in the law. Evictions are filed pursuant to Article 7 of the Real Property Actions and Proceeding Law (RPAPL) summary proceedings to recover possession of real property. 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. Keep in mind that the day you were served doesnt count toward the 14 days. The Office says they will take. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. Privacy Policy, LSCA Newsletters and Training Need Help? R. David Ades graduated from Benjamin N. Cardozo School of Law and began his legal career handling all areas of corporate law, real estate transactions and commercial transactions. Judges will often give you extra time to move, especially if you have kids. They can also cancel the rental agreement, and sometimes can make repairs and deduct from the rent. See the topics below for more information. For example, the following situations may permit such a case. Affidavit of Service (Mail) DC-149M Use with Order to Show Cause or Motion where service by mail is ordered. Write a letter to the landlord saying that you are going to withhold the rent and why. You should contact and seek assistance of an attorney. Any such call demanding money for bail is being initiated by a third party and not by the Legal Aid Society of Suffolk County and you should immediately contact your local police and/or law enforcement agency to report this crime. 1325 Franklin Avenue Always get a signed receipt for your rent. Originals (not photocopies) may be required, if available. Riverhead: 631-369-1112 (CPLR 321(a)). Your landlord must follow certain steps if he wants you to move. Remember, your landlord may try to evict you if you withhold your rent. You must also allow the landlord to come in to make the needed repair. Suffolk County District Court: Landlord & Tenant Court. 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. Possibly, dependent upon the particular circumstances of your situation. This will end the eviction proceeding (RPAPL 731(4)). One action you can take is to pay for the repair yourself and take the amount you spend out of the next months rent. The sheriff cannot evict you on a weekend or state holiday. T: 631.669.6300 F: 631.669.6333 E: jclark@clarkslaws.com Suffolk County Office. Rent Increases & Related Fees in New York, Additional Landlord Tenant Regulations in New York, How to Report a New York Landlord for Unsafe Living Conditions, Waterproofing on ceilings, walls, and floors. Get peer reviews and client ratings averaging 3.0 of 5.0. . Evictions; FAQs; . Never ignore court papers. 640 Johnson Ave., Suite 8, 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. New York eviction law firm. Discuss Your Needs with a Real Estate Attorney or Landlord-Tenant Lawyer in New York. It also gives neighbors a chance to get to know one another! Islandia: 631-232-2400 If the Judge agrees with the objection, the Judge will say sustained and the evidence will not be admitted. (Call NYPIRG for more information see p. 5). Can a Tenant Change the Locks in New York? 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. Landlord's Rights in Suffolk County, NY. 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. Social Security The important thing to remember is that you have a legal contract with your landlord, even if it is not in writing. For other kinds of evictions, or if the available forms are not for you, a NOTICE OF PETITION and PETITION would need to be drafted by an attorney. The sheriff will return at some point after the end of the 14th day to remove you and your belongings from the premises. Your landlord can keep all or part of your security deposit to pay for any damages that you cause. Landlords want to take all necessary precautions to ensure the safety of their tenants, and tenants want to trust that the property they are renting is safe. Or he may take you to court to try to evict you for not paying the rent. You should only withhold the rent if there are bad health or safety problems in your home. Setting your location helps us find resources in your county. Verified Attorney. You might also contact Nassau/Suffolk Law Services and Long Island Housing Services, Inc for assistance. In New York, landlords must rent out only properties which are habitable. 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. Tambin puede escribirnos al correo electrnico, Information on Detecting and Reporting Rental Scams. 378. December 2019 rent). Free Consultation Lawyers: Mark J. Goldsmith Frank M. Maffei Jr. Edward A. Robertson. 646-952-7514. If a TRANSCRIPT OF JUDGMENT is requested the transcript fee must be paid when the request is filed with the Court Clerk. If the house is supposedly being rented by a property management company, you can check out the authenticity of the company. The Law Office of Ronald D. Weiss, P.C., is a law firm comprised of attorneys and legal staff, that for almost 30 years, has concentrated in legally representing residents of Suffolk County and Nassau County, Long Island, New York, in bankruptcy cases under Chapters 7, 11, and 13 of the Bankruptcy Code, foreclosure defense litigation, mortgage . Just get your neighbors together for a meeting and decide what problems you want to work on. Landlord Tenant Law & Evictions in Nassau County and Suffolk County, Long Island, New York is all we do. The claim limit in New York City Small Claims Court is $10,000. But, DO NOT SPEND THE RENT MONEY. For more information, please see our FAQs. The landlord may offer certain documents into evidence. In Suffolk County, before a landlord can evict a tenant from the property, he or she must first notify the tenant that he or she is terminating the tenancy. What is a Landlord-Tenant (L&T) court case? 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. Give the tenant at least 30 days notice to leave. 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. 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. It is your right as a tenant to have a livable, safe and sanitary apartment. Usually a NOTICE OF PETITION and a PETITION. Your landlord must let you know he is taking you to court by sending you legal papers. Volunteer The Clerk will mail the papers to the attorney of record or if there is no attorney, to the self-represented landlord. You must explain to the Judge in your papers that you have. You should speak with an attorney for legal advice on how to properly draft your court documents. Sometimes a Judge may ask some questions to clarify matters. Testimonials All Rights Reserved. For more information, call 1 866-NYS CLEAN (1 866-697-2532) or Collections & Holdings: The following laws apply to the collection and holding of a security deposit: Returns & Deductions: The following laws apply to the return of a security deposit: Notice Requirements: If a New York tenant on a periodic lease wishes to break the lease, then they must give the following amounts of notice: Early Termination: New York tenants are allowed to legally break a lease early for the following reasons: Current law does not require landlords to make a reasonable effort to re-rent a unit so tenants may be required to keep paying if they vacate the premises. Call Law Services for advice and information. Another possible downside to a written lease is it may include the promise to pay attorneys fees in case of an eviction (this is the only way a landlord can charge you attorneys fees). 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. The same rules do not apply to holdover proceedings. Board of Directors A lease gives you and your landlord rights and responsibilities. Refusing to rent, sell, or lease housing. Floor plans starting at $1585. Accessibility, Consumer Law This, of course, imposes on tenants a duty to pay their rent in whole, in a timely manner. county board of health or their district health office. The landlords right to enter the premises requires your permission. 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 Victims of rental scams can find it difficult to get justice after they have been scammed; scammers often disappear (along with the victims money) once they have been found out. 220-238A) states that tenants receive a set of rights, such as the right to a habitable unit. There is strength in numbers. If a valid rental agreement exists, New York law (NY Real Property Law Sec. Before you agree to pay rent or a security deposit for a new place to live, inspect the apartment or house carefully. The deposit cannot be greater than one months rent and is intended to cover damages beyond normal wear and tear. Attorneys must file a proposed JUDGMENT OF POSSESSION (like the Blumberg T-1412, T-1413, or T-1414) and WARRANT OF EVICTION (like the Blumberg T-1408 or T-1409) with the Court Clerk. If you need assistance with a landlord-tenant matter, please call Long Island Housing Services at 631-567-5111 ext. Professional process servers may be found in the phone book or online. 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 . He cannot just throw you out anytime he wants. This is important, in case you have a problem getting your security deposit back. What happens at the conclusion of my L&T case? Most landlords require tenants to pay a security deposit. To qualify as a small claim, the amount cannot exceed $3,000 if filed in a Town or Village Court, and $5,000 if filed in a City or District Court. Therefore, it is extremely important to hold onto whatever money you are withholding. First and foremost, landlords have a right to timely payment of rent from their tenants, at the agreed-upon rate. If the case is about the nonpayment of rent, the tenant has to send a reply within 10 days. Additional witnesses may be called to testify in support of the landlords claims, and they, too can be cross-examined by the tenant or may be asked questions by the Judge. For more information about Landlord Tenant ADR click here. Medical Read your lease agreement carefully! T: 202-708-1112 This is called repair and deduct. After the inspection, the law requires the landlord to give you an itemized list of all needed repairs and/or cleaning. If the landlord does not give you this statement and your money within 14 days, he cannot keep any of the security deposit. You can seek an adjournment (a delay in the proceeding) and the judge must grant at least a 14-day delay. If the landlord refuses to return your security deposit and you feel that you are entitled to it, you can take the landlord to small claims court if the amount is less than $5,000 ($3000 in the justice courts of the east end of Long Island). Make sure you keep all invoices and take pictures. Other tenants in your building also have rights, and you must respect them. You can make these repairs and clean before you move out to avoid having them deducted from your security deposit. Your landlord may ask you to sign a written lease before moving in. Security deposits protect the landlord in case there is damage to the property. The landlord or the landlord's attorney will have a process server or any non-party over the age of eighteen (18) serve a copy of the papers filed with the Court on each tenant. Providing a proper Predicate Notice content, timeliness and proper type of service is an element of the Landlords case. In most buildings, unless there is a doorman, all doors to enter the building must close and lock automatically. In a month-to-month tenancy, you or the landlord can give either verbal or written notice when you want to change the agreement. Get to court on time and dress neatly. April 16, 2020. It can take a month or more for the sheriff to then evict. This is called cross-examination. Any Client Rating 5.0 4.0 & above 3.0 & above 2.0 & above 1.0 & above Peer Reviews . 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. You may need to find a new tenant to take your place. the address and whether its a house, apartment, etc.) The lease cannot be changed while it is in effect unless both you and your landlord agree, in writing. In addition to seeking help from a Long Island Housing Services counselor, you can learn about your rights by reading the New York State Attorney Generals Guide to Changes in Rent Law. Most written leases are good for a year but can be longer or shorter. This entire legal process will take several weeks before the sheriff is actually knocking at the door. Follow these steps carefully: The judge will decide if the problem was serious enough to withhold the rent. 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. Your rights would best be protected with the assistance of an attorney.

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