Nassau 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 Nassau 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 Naveed M. Siddiqi today to discuss your case (718) 514-7900.
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 Nassau County, landlord and tenant matters are generally litigated in the District Court located at 99 Main Street, Hempstead, New York.
A landlord may commence a nonpayment or holdover proceeding. A nonpayment proceeding is one in which the landlord demands unpaid rent from the tenant. A holdover proceeding is one in which the landlord demands possession of the property.
To commence a nonpayment or holdover proceeding, a landlord must file a Notice of Petition and Petition with the District Court Clerk and pay the required fee. The clerk will assign a return date for the petition and the landlord will have to serve the papers on the tenant and file an affidavit of service.
A tenant who receives a petition may answer either in writing or orally before the court. A lawyer must represent a tenant that is a corporation.
If both parties appear on the return date of the petition, the court will direct the landlord and tenant to discuss the matter to attempt a resolution. If neither the landlord nor the tenant has a lawyer, the court will generally direct the litigants to mediate the issue before an independent officer of the court. The judge may also conduct a conference to resolve the dispute.
If the landlord does not appear and answer the second calendar call, the court will usually dismiss the petition. If the tenant does not appear and answer the second calendar call, upon application the judge may grant a Judgment of Possession and Warrant of Eviction. The judge may also grant a money judgment against the tenant.
If the landlord and tenant are unable to resolve their dispute, the judge may direct the parties to appear at trial. At trial, the landlord must prove the allegations set forth in the petition. The tenant has the right to examine the landlord and interpose a defense.
If a court grants a Judgment of Possession and Warrant of Eviction, the landlord must prepare and submit the required forms. The eviction is conducted by the Nassau County Sheriff's Department.
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.