Suffolk County Long Island New York - Eviction Process

Suffolk County Long Island New York - Eviction Process
Law Office of mary C. Merz, PLLC.*
Kick'em Out Quick® Member Law Firm*

Call for Free Initial Consultation - Servicing Suffolk County, NY

Explanation / New York - Tenant Eviction Process

Stamp 57 East Main Street, Patchogue, New York  11772
Stamp Phone: (631) 366-0100
Mary@MerzNYLaw.Com MerzNYLaw.Com
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Contact your Suffolk County, Long Island New York Kick'em Out Quick® Member Eviction Attorney for a Free Initial Consultation.

They understand the complicated New York Eviction Process and will attempt to evict your non-paying or nuisance tenant(s) just as quickly as the law allows.**

They also offer free New York Eviction Notices & Forms.

And don't forget after you Kick'em Out - Make'em Pay®! Submit your Tenant Collection or Judgment (including Attorney fees) online in the Collection section of this web site.

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Suffolk County - Long Island - New York Eviction Process - Overview

Suffolk County - Long Island - New York Eviction Process

The Residential Eviction Process in Suffolk County, New York.

In this jurisdiction, evictions are summary proceedings.  As the name indicates they can be relatively brief in time, 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 Town or Village Courts. 

There are two distinct types of eviction proceedings that a landlord may bring against a tenant in New York State: nonpayment and holdover.  They are similar, however if the action filed is inappropriate for the circumstances of a particular case the Court will dismiss the case. 

A nonpayment eviction can be described simply as “if you pay, you stay.”  A nonpayment action requires a three-day rent demand; if the demand is not complied with once three days have elapsed the landlord may proceed with the eviction.  A holdover eviction is more severe and thus requires a thirty-day notice to terminate.  Once the thirty days have expired the landlord may proceed with the eviction. Both nonpayment and holdover evictions require that a petition, as well as a notice of petition, be filed with the court and formally served on the tenants.  Affidavits of service must be filed with the Court to show proof of service.

It must be stressed that only the Suffolk County Sheriff may evict a tenant, the use of “self-help” by the landlord is against the law and may result in criminal prosecution.  It is strongly recommended to seek the counsel of an attorney, preferably one that is experienced in landlord-tenant matters, before attempting to evict a tenant.

After the proper documents are served on the tenants and filed with the Court, both landlord and tenant must appear before the Judge.  At this time the parties 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.  Then the Judge will rule to either dismiss the case or grant a Judgment of Possession & Warrant of Eviction, as well a money judgment.  If the landlord prevails in Court, the final step is to engage the Sheriff to evict.  The Sheriff will provide the tenant with a seventy-two hour notice to vacate the premises.  Should the tenant fail to comply the Sheriff will physically evict the tenant.

Suffolk County, NY – Eviction Process | Kick’em Out Quick®

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