This case was filed in Suffolk County Superior Courts, with None presiding. If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you may wish to deduct the cost of cleaning from that tenant's security deposit. New York State Bar of New York and Academy of Trial Lawyers. 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. You are responsible for any damage to the apartment that you cause aside from normal wear and tear. Heat must be supplied to your apartment from October 1st through May 31st the following year, anytime the outside temperature drops below 55 F. The required minimum temperature is 65 F between 10 PM and 6 AM (overnight) and 68 F between 6 AM and 10 PM (during the day). Bohemia, NY 11716-2624 Llame a Long Island Housing Services al 631-567-5111 ext. Find your new home at 438 Smithtown Blvd #9 located at 438 Smithtown Blvd #9, Lake Ronkonkoma, NY 11779. Home; Topics; Housing; Tenant and homeowner rights . If you were served with a holdover petition, please see Tenant Questions & Answers: Holdover Eviction Cases in New York State. Visit. Awards The sheriff cannot evict you on a weekend or state holiday. If youve been illegally evicted and you need help relocating, you should call DSS to arrange for emergency housing and storage. When theres a habitability issue, they must make needed repairs after receiving notice from the tenant. You must also be sure to understand the terms of the stipulation which will become a legally binding agreement after reviewed and accepted by the Judge. Free Consultation Lawyers: Mark J. Goldsmith Frank M. Maffei Jr. Edward A. Robertson. If the utility meter is shared with others in the building, the law requires the landlord to have the meter in his name. Testimonials The judge may say that you do not owe all the rent money because your home had serious problems. Fair Housing Laws protect Immigrants, Refugees, and People of all Religious Faiths. Professional process servers may be found in the phone book or online. The tenant has 10-17 days to prepare for the hearing. Setting your location helps us find resources in your county. This is called retaliatory eviction and it is against the law. The landlord is not required to use the security that you paid to cover the rent. The official statement can be found here. Please give us a call if you have any questions about . Eyewitness News has learned that Nassau County has 160 open eviction cases, Suffolk County has 527 and New York City has 213,524. Please refer to our COVID-19 resources for updates on temporary changes to these rules. For more information, please see our FAQs. (2) whether or not you have paid your rent. As with a written lease, as of October 12, 2019, should the landlord want to raise the rent by 5%, or more, or terminate the tenancy, depending on how long you have lived there, he must give you a 30, 60 or 90 day notice before your tenancy expires, as set forth above. All public documents must be certified by the agency producing such documents (a certification is a statement that the documents are true copies of an agency's records - the agency should be able to tell you how to get the records certified). Discuss Your Needs with a Real Estate Attorney or Landlord-Tenant Lawyer in New York. 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. Or he may take you to court to try to evict you for not paying the rent. 1. Most landlords require tenants to pay a security deposit. Your landlord may make the repairs if you withhold the rent. Bring photocopies of documents that help you prove your arguments. Take a friend with you and write down anything that needs to be fixed. Security deposits protect the landlord in case there is damage to the property. The old bills will give you a history of past costs and a good idea of how much you will be paying for utilities and/or fuel each month. The lease gives you the right to quiet enjoyment of the property until the lease end date. 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 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. Yes, under certain circumstances, a tenant may commence a proceeding against can bring a landlord in to L&T Court. You should contact and seek assistance of an attorney. If you do not move out on the day that the tenancy ends, the landlord must bring you to court. Medical Follow these steps carefully: The judge will decide if the problem was serious enough to withhold the rent. If the person you want to evict is not a tenant, or if you are not the landlord, you may be able to evict them, but not with these court forms. 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. For example, many NYC units are covered under rent stabilization ordinances which set restrictions on rental prices. 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. This page outlines the rules that will apply after the current state of emergency is lifted. You must explain to the Judge in your papers that you have. Additional Rent Increase Rules: Landlords must also comply with: Notice Period for Rent Increases: Landlords must give 30, 60, or 90 days notice before increasing rent depending on the lease term. You can easily verify who owns the property by checking with the right county office. MORE CORONAVIRUS COVID-19 COVERAGE New Jersey COVID-19 Vaccine Tracker Some ways of making you move are never legal. 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). Verified Attorney. Judges will often give you extra time to move, especially if you have kids. Advisement of Right to Appeal. This is called cross-examination. This page outlines the rules that will apply. The money you provide the landlord is still technically your money. However, a landlord must give tenants reasonable notice (at least 24 hours, in most cases) before entry, unless its an emergency. If the next date is provided by notice from the court, the court will notify parties of the next court date by mail and provide instructions on ways to attend virtually if applicable. If a valid rental agreement exists, New York law (NY Real Property Law Sec. 104 Lewis Street, Southampton, NY 11968 is a single family home not currently listed. If the landlord has not received your rent within 5 days of the day it is due, he must send you a notice stating he has not received the rent. Bring copies of any letters you may have written to the landlord asking him to make repairs. A written lease is a written agreement signed by both you and your landlord. When your landlord sees that you spent part of your rent on repairs, he may try to evict you. It is important to know what these responsibilities are, and to take steps to protect them: Your landlord also has responsibilities when he rents you a place to live. Call me RIGHT now for a FREE consultation - Click to Call -> (631) 747-0356. All Landlord & Tenant Court courthouses are open Monday - Friday from 9 a.m. to 5 p.m. and are closed and locked 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. The Court will generate the appropriate papers. Fortunately, the landlord must try to rent it as soon as possible to lessen what you will not need to pay. Try not to pay your rent with cash. If repairs arent made in a timely manner, New York tenants can sue for costs, or a court order to force the landlord to make repairs. Before you agree to pay rent or a security deposit for a new place to live, inspect the apartment or house carefully. If you are an individual who chooses to proceed without an attorney, you will be responsible for preparing your papers in accordance with the law without any assistance from the Court Clerk or the court staff. If you do not have a written lease, the length of your contract depends on how often you pay your rent. 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. 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. You are responsible for paying the rent on time. 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. Law Firms Lawyers 129 results Client Reviews . Before you withhold rent, or repair and deduct, make sure that you have written your landlord about the problem and given him a chance to fix it. Tambin puede escribirnos al correo electrnico, Information on Detecting and Reporting Rental Scams. Usually a NOTICE OF PETITION and a PETITION. They can also cancel the rental agreement, and sometimes can make repairs and deduct from the rent. Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney. Hempstead: 516-292-8100 Long Island's Award Winning Landlord Tenant, Real Estate & Litigation Attorney Call or TEXT Today for a Free Consultation (516) 699-8411 Our Practice Areas Welcome to the law offices of David I. Witkon, Esq. Legal advice depends upon the specific facts of each situation. The notice tells the tenant the reason, the date that the tenant must move, and that a case will be started if the tenant doesn't move by the deadline.

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