If a part of your lease violates the law, that part of the lease is invalid and cannot be enforced, but that does not mean the entire agreement is invalid. If the petition is for non-payment of rent, please see Tenant Questions & Answers: Nonpayment Eviction Cases in New York State. handles all areas of landlord-tenant law in Suffolk County and throughout Long Island and New York, including preparation of leases and evictions. New York State Bar of New York and Academy of Trial Lawyers. Locations Phone (Nassau): 516-292-0400 Probably. Contact the Towns Building Inspector (also called a Code Enforcement Inspector), the Fire Marshall or the Countys Department of Health (for things like no heat, cesspool backup, and lead paint issues) to look at the problem. 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. This should include: If there is damage to the premises before you move in, and you did not request a pre-occupancy inspection, remember to take pictures of it or make a detailed list of the damage and ask the landlord to sign it. The landlord must tell you how much was deposited and the name and address of the bank where he or she put the money. Experienced New York City Landlord Tenant Attorney! In a month-to-month tenancy, you or the landlord can give either verbal or written notice when you want to change the agreement. First and foremost, landlords have a right to timely payment of rent from their tenants, at the agreed-upon rate. New York HousingSearch.gov is a FREE public service provided by New York State Homes and Community Renewal (HCR). 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. File the grievance form with the assessor or the board of assessment review (BAR) in your city or town. If your landlord still refuses to fix the problem, you must decide if it is serious enough to fight. A copy of the papers must be served by someone over the age of 18, who is not a party to the action. This case was filed in Suffolk County Superior Courts, with None presiding. . This entire legal process will take several weeks before the sheriff is actually knocking at the door. If you are confident that the person renting to you is legally authorized to do so, the first thing you will want to know, of course, is the amount of the rent. Bring with you all evidence necessary to prove your claim or your defense. A letter from a landlord or landlords attorney is NOT enough to evict you. Rent Increases: The maximum rent increase percentages change annually and depend on the location of the rental unit and whether it is protected by rent control or rent stabilization. Bring witnesses to prove that you didnt break a rule in your lease. This page outlines the rules that will apply. Discriminatory Acts & Penalties: The New York State Division of Human Rights handles housing discrimination complaints in the state. 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. . As of June 2019, the Notice of Petition and Petition must be served upon the respondent/tenant no more than seventeen (17) days but no fewer than ten (10) days before the court date listed on the notice. The Notice of Petition will tell you what court to go to and when to go. 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. This is called rent withholding. This is called direct examination. These cases are special proceedings filed pursuant to RPAPL Article 7A: special proceedings to remedy conditions dangerous to life, health or safety. Can a Tenant Change the Locks in New York? December 2019 rent). Send a copy of it to the landlord to show that you have the rent but are not going to give it to him until the repairs are made. 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. Suffolk County Judicial Facilities Agency The Agency was created by Chapter 200 of the Law of 1999, State of N.Y. By law, the lease must be written in clear, plain English. If you cannot settle the case, the Judge will have a hearing. The important thing to remember is that you have a legal contract with your landlord, even if it is not in writing. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. The material contained on this site cannot replace the advice of competent legal counsel licensed in your state. 220-238A) states that tenants receive a set of rights, such as the right to a habitable unit. Find the right Suffolk County, Ny Landlord And Tenant lawyer from 129 local law firms. The deposit cannot be greater than one months rent and is intended to cover damages beyond normal wear and tear. This document is necessary to evict the tenant by way of the sheriff. Home; Topics; Housing; Tenant and homeowner rights . However retaliatory eviction is generally not a defense if the landlord is taking you to court for not paying your rent. You might want to talk to other tenants in the building to discover any problems they may have had with the landlord or the building. (It may be worthwhile to negotiate a rent increase you can afford with the landlord.). 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. 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. The two most common types of eviction proceedings are: There are other types of L&T proceedings (some are listed in RPAPL 713 and RPAPL 715). On April 10, 2023, Carrington Mortgage Services, Llc filed a Foreclosure - (Property) case represented by Abdellah, Amani Sahar against John Doe 1 Through John Doe 12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, Or Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises et al. info@lifairhousing.org, 2023 Long Island Housing Services, Inc. All Rights Reserved | Designed and Maintained by MAXBURST. 378. Under new laws, security deposits in New York will be limited to the equivalent of one month's rent. Position Statement In Solidarity With The Black Community read more Founded in 1964, our agency has over. If you want to move back, it is important to contact a lawyer or us at Nassau Suffolk Law Services to see if we can help you. It is important to get written estimates before making repairs and to write the landlord that you plan to make the repairs if he doesnt. One to two weeks before you move out, the landlord must also give you an opportunity to inspect the premises with him or his agent. Tenants must give the landlord reasonable access to the property for necessary repairs, showings of the rental unit to prospective tenants or buyers, and other terms that may be agreed in the lease. Talk to a lawyer before you withhold your rent. The Judge may again ask questions. Need Help? It is a good idea to get this in writing. On April 18, 2023, Loan Funder Llc, Series 8800 filed a Foreclosure - (Property) case represented by Goldberg, Brian Matthew against John Doe 1-10 Tenants et al. You must let your landlord know when a repair is needed. Veterans, What We Do New York eviction law firm. 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. Most written leases are good for a year but can be longer or shorter. Please refer to our COVID-19 resources for updates on temporary changes to these rules. Landlords do have an obligation to mitigate damages in such a situation, though this depends on the specific circumstances. The material contained on this site cannot replace the advice of competent legal counsel licensed in your state. Tambin puede escribirnos al correo electrnico, Information on Detecting and Reporting Rental Scams. New York residents are under an order by the state to remain in their homes. Your landlord may make the repairs if you withhold the rent. The Judge may again ask questions. Taken More Than 7,000 Firearms Out of New York Communities Since 2019. You should speak with an attorney for legal advice on how to properly draft your court documents. Judges will often give you extra time to move, especially if you have kids. The notice must be given prior to the beginning of the next term. Evictions; FAQs; . If you are a tenant involved in a dispute with your landlord, it is important that you document everything and communicate with your landlord in writing. 376 t or email info@LIFairHousing.org. Legal Assistance of Western New York, Inc.- LawNY - Geneva Office. 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. Originals (not photocopies) may be required, if available. Bring cancelled checks or rent receipts to show that you paid the rent. 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. If you think a landlord has discriminated against you, you can complain to Long Island Housing Services at (631) 567-5111. The important thing to remember is that you have a legal contract with your landlord, even if it is not in writing. Or, tell the judge how long you will need to move and ask for more time (if you need it). If a valid rental agreement exists, New York law ( NY Real Property Law Sec. 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. To schedule an appointment contact us by email or feel free to call our office at (516) 699-8411 or toll free at (800) 774-5976. Make sure you keep all invoices and take pictures. Accessibility, Consumer Law Legal assistance New York City Commission on Human Rights complaints - (212) 306-7450 (local law protects from discrimination based on source of income, including HCV/Section 8) Need Help? The Court Clerk will review your forms if you have no attorney and sign the NOTICE OF PETITION only if the papers are correct. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. Need to report an illegal apartment - Holbrook, Suffolk County, Long Island, 25 replies Need information on landlord/tenant rights?, Long Island, 1 replies Tenant rights, help me understand, Long Island, 4 replies Need a Tenant Lawyer (mid suffolk), Long Island, 13 replies 1/2 cello rental in suffolk county, Long Island, 3 replies In most cases, proof of service must be filed with the clerk within three (3) of effecting service. 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). Using applications that directly or indirectly put limits on preferences for prospective tenants. The new law adds some protections for tenants who move out before the lease or rental agreement ends. Zingman and Associates PLLC represents clients in Landlord Tenant cases in the Suffolk County, New York area. Save all your rent receipts. Find the right Bay Shore, NY Property Damage lawyer from 8 local law firms. You should only withhold the rent if there are bad health or safety problems in your home. Landlord & Tenant FAQ's (housing, evictions), Post-judgment FAQ's (collecting, enforcing, vacating), How to request a stay of eviction or vacate a default L&T judgment (DC-420), Nassau County District Court L&T Forms and Guides for Landlords and Tenants, Tenant Questions & Answers: Nonpayment Eviction Cases in New York State, Tenant Questions & Answers: Holdover Eviction Cases in New York State, Article 7 of the Real Property Actions and Proceeding Law (RPAPL) summary proceedings to recover possession of real property, T-1407 NOTICE OF PETITION & T-1406 NON-PAYMENT PETITION, DIY INTERVIEW & FORMS: Small Property Owner Nonpayment Petition Program, Small Property Owner Licensee Holdover Petition Program, Small Property Owner Squatter Holdover Petition Program, T-1411 NOTICE OF PETITION & T-1410 HOLDOVER PETITION, setting a court date in order to ensure that Court will be in session, request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT, NYS Attorney General's Tenants' Rights Guide, New York Real Property Actions & Proceedings Article 7-A - (769 - 783), Suffolk County Bar Association for a free or low-fee consult, Order to Show Cause and supporting affidavit forms and instructions DC-420, DIY INTERVIEW & FORMS: Tenant Vacate Default Judgment Program, the PETITION and NOTICE OF PETITION generated by the, the original or certified copy of the deed to the building, the lease or written agreement for the party you are suing, if there is one, certified copies of registration statements (like the town's rent registration, or a multiple dwelling registration statement), any other documents that are relevant to the claims you are making, witnesses (like a superintendent, manager, or mechanic who can testify as to attempts to gain access and/or attempts to repair conditions, if conditions are an issue), rent receipts, checks or other proof of rent payments, the lease or written agreement for the apartment, if you have one, photographs of any conditions you are claiming, heat charts, if heat is an issue and you kept a record, receipts or bills for any money you claim you spent, any other documents that are relevant to your defense or to the claims you are making, witnesses (like a friend or neighbor who has seen a condition complained of, if conditions are an issue), A tenant may bring a special proceeding in L&T Court to recover possession of premises from which he or she has been forcibly put out or kept out (, a good reason for not appearing in Court, AND. 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. Contact the fuel company to find out what the average bill has been. Affidavit of Service (Mail) DC-149M Use with Order to Show Cause or Motion where service by mail is ordered. 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. Often, it is hard to know when youve been discriminated against and it can be difficult to prove. You can make these repairs and clean before you move out to avoid having them deducted from your security deposit. When your landlord sees that you spent part of your rent on repairs, he may try to evict you. Advisement of Right to Appeal. There are various court proceedings to remove a tenant. Additionally, landlords have a right to be compensated for damage a tenant causes to a rented unit . First, talk to your landlord. Phone (Suffolk): 631-567-5111 3105 Veteran's Memorial Highway, Ronkonkoma, NY 11779 calendars are usually scheduled at 9:30 a.m. (DHCR) enforces compliance with this law. A lawyer will be very helpful in court. Unfortunately, at present, many of the pre-printed Court forms are unavailable due to recent changes in the law. The WARRANT is comparable to an execution in a civil action. county board of health or their district health office. This is important, in case you have a problem getting your security deposit back. If the utility meter is shared with others in the building, the law requires the landlord to have the meter in his name. 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. Board of Directors 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. Parties to a lawsuit have a right to object to the introduction of evidence or the way a question is being asked or answered. If you do not agree to pay the new amount, the landlord cannot evict you for nonpayment, but can end your tenancy by giving you appropriate notice and then bringing a holdover eviction proceeding. The listing below provides the contact information for each county. Christian Donald Killoran. You can seek an adjournment (a delay in the proceeding) and the judge must grant at least a 14-day delay. Blog | Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. 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. If you do not find a new tenant for the rest of the lease, or if your landlord does not consent to the new tenant, you might be charged with the remaining rent, even after you move!