Suffolk County / Long Island, New York - Tenant Eviction Process
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Explanation / New York - Tenant Eviction Process
New York evictions can be a lengthy process that if not done within the specific confines of the New York Eviction Statute can cost you a lot of time, money and aggravation.
If you would like to learn more about how to evict a tenant a Free - New York Tenant Eviction Process Explanation is provided at the bottom of this web page.
They also offer a link to Free - New York Tenant Eviction Notices & Landlord Forms.
If you have any questions about the New York Tenant Eviction Process and how it relates to your specific situation as a landlord or property manager please contact your local Suffolk County / Long Island Kick'em Out Quick® Member Eviction Attorney for a Free Initial Consultation.
They are Affordable & Professional and they will evict your non-paying or nuisance tenant(s) just as quickly as the law allows.*
Call Eviction Attorney Mary C. Merz today to discuss your case (631) 366-0100.
And don't forget after your eviction is complete submit your Tenant Collection or Judgment (including Attorney fees) online in the Collection Section of this web site.†
In Suffolk County, evictions are summary proceedings. A summary proceeding can be a relatively quick process, however they are as legally complex as any other form of litigation. In the five western towns (Huntington, Babylon, Smithtown, Islip & Brookhaven), eviction proceedings are heard by the District Court. In the eastern towns they are heard in Justice Courts.
There are two distinct ways a landlord may evict a tenant in New York: nonpayment and holdover. It is important to use the precise method, as the Court will dismiss the case if the action filed is inappropriate. In June of 2019 Governor Cuomo signed new legislation that gives more rights to tenants and places more responsibilities and burdens upon landlords. It is now much more time-consuming and expensive to evict your tenants.
Both a nonpayment and holdover eviction require notices served lawfully. In nonpayment actions a landlord must first provide the tenant with a notice of non-receipt of the rent. Additionally, nonpayment evictions minimally require a fourteen-day rent demand; if the demand is not complied with once fourteen days have elapsed the landlord may proceed with the eviction. Holdover Proceedings are more complicated than nonpayment actions, and hiring a lawyer is strongly recommended. A holdover eviction has more severe parameters and a notice to terminate tenancy may require multiple rental terms. Once the term has expired the landlord may proceed with the eviction. Both methods require the petition, as well as a notice of petition, be filed with the court and formally served on the tenants. Additionally, affidavits of service must be filed with the Court as proof of service.
Only the Suffolk County Sheriff may evict a tenant, the use of any “self-help” methods (i.e. locking tenant out by changing locks or removing tenants belongings) by the landlord is against the law and may result in criminal prosecution.
Once the tenants are served and documents are filed with the Court, both parties must appear before the Judge. At this time the landlord and tenant will have to opportunity to stipulate to a settlement. If no settlement can be reached, the case will proceed to trial. The parties will have the opportunity to testify and present evidence before the Judge. The Judge will then rule to either dismiss the case or grant a Judgment of Possession & Warrant of Eviction, as well a money judgment. The Court will determine a definite date for the tenant to vacate the premises. If the tenant does not vacate by that date, the final step is to engage the Sheriff to evict. The Sheriff will serve the tenant with a fourteen-day notice to vacate the premises. Should the tenant fail to comply, the Sheriff will physically evict the tenant.
To ensure an efficient and quick eviction process it is important to hire an attorney who is experienced with the process and will enforce your rights.
In Suffolk County foreclosures take years before a judgment in entered by the Suffolk County Supreme Court. While the foreclosure is pending homeowners have the right to request a loan modification through foreclosure settlement conferences. If attempts fail the lender will obtain a judgment of foreclosure and the right to sell the property at auction.
Once a property is sold at auction the homeowner loses all his former rights to possession. If the former owners or their former tenants are in possession of the property then it is the new owner's responsibility to evict them. Depending on the type of tenancy the occupants hold, predicate notice can be either for ten or ninety days. A notice to vacate must be served with the new owner's deed prior to filing a holdover proceeding.
Eviction of former owners is an emotional process for the occupants and a technical procedure that is best handled by an attorney It is in your best interest to consult with an experienced attorney before making a decision in how to proceed.
Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.