If your tenant isn’t paying rent or won’t leave, you have one question: how do I get them out?
Here’s the honest answer. Evicting a tenant in Nassau County takes time, it requires following specific legal steps in the right order, and one mistake — a wrong notice, a missed deadline, a petition with a defect — can get your case dismissed and force you to start over.
That’s why most Nassau County landlords call us.
We handle evictions in Nassau County every day. Our attorneys know the courts, the clerks, and the process inside out. We start within 24 to 48 hours of being retained, and we handle everything from the first notice through the final judgment.
What Type of Eviction Do You Need?
Before anything else, you need to know which type of proceeding applies to your situation. In Nassau County, there are two main types.
A nonpayment proceeding is for tenants who haven’t paid rent. The process starts with a 14-day rent demand notice. If your tenant pays within that window, the case ends. If they don’t, you proceed to court.
A holdover proceeding is for every other situation — a lease that expired, a tenant who violated the lease terms, a family member who moved in and won’t leave, a month-to-month tenancy you want to end. The notice you need to serve before filing depends on the specific circumstances.
Not sure which one applies to you? That’s a free phone call. We’ll tell you exactly what you’re dealing with.
The Nassau County Nonpayment Process, Step by Step
Step 1: Confirm you’re eligible to bring the action. You must be the property owner or authorized agent. The property must be in Nassau County. For residential properties, there can be no more than two units. Your tenant must be in possession of the premises.
Step 2: Send the certified mail notice. Once rent is at least 5 days past due, you must send the tenant a certified mail notice stating that you haven’t received rent.
Step 3: Serve the 14-day rent demand notice. This is the formal demand that tells the tenant to pay everything owed or vacate within 14 days. It must be served by someone who is over 18, lives in New York State, and is not a party to the action. Service has to be done correctly or your case can be dismissed.
Step 4: File the petition at Nassau County District Court. Once the 14 days pass without payment or vacatur, you file a Notice of Petition and Nonpayment Petition with the Civil Clerk’s Office at the Nassau County District Court, 99 Main Street, Hempstead (second floor). Before you file, you need to call the landlord-tenant unit to reserve a hearing date and make sure that date appears on your papers. The filing fee is $45.
Step 5: Serve the petition on the tenant. Papers must be served no more than 17 days and no less than 10 days before the hearing date. An affidavit of service must be filed with the court within the required timeframe.
Step 6: Appear in court. If your tenant doesn’t show, you can request a default judgment — provided the papers were served correctly and the petition has no defects. If your tenant does show, the judge will ask both sides to attempt a settlement first. If no settlement is reached, a trial date gets scheduled, typically a few weeks out.
Step 7: Enforce the warrant. If you win, the court issues a warrant of eviction. The Nassau County Sheriff’s Office then serves a 14-day notice before physically removing the tenant. Note: there is no longer a 72-hour notice from the Nassau County Sheriff — that was replaced with a 14-day notice.
Nassau County vs. Suffolk County: What’s Different
Nassau County tends to move more slowly than Suffolk County. Court calendars are busier, and scheduling a trial date after a contested appearance can add weeks to your timeline. If you own property in both counties, you’ll notice the difference.
That said, cases that settle — which is most of them — resolve faster. Once a tenant sees a properly filed petition from an eviction attorney, many will reach a settlement agreement rather than fight it out at trial.
Why DIY Evictions Go Wrong
Landlord-tenant law in New York is technical. Procedural defects that seem minor — serving the wrong type of notice, serving it on the wrong dates, filing a petition with an error — will get your case dismissed. When that happens, you lose the filing fee, lose weeks or months of time, and have to start the clock over.
The most common mistakes we see from landlords who tried to handle it themselves: wrong notice for the type of tenancy, improper service, and petitions that don’t include required information. Each one is avoidable. Each one is exactly what we handle for you.
How We Handle Nassau County Evictions
We are an evictions-only firm. This is all we do, in Nassau and Suffolk County courts, every day. That focus means we move faster than a general practice attorney who handles evictions occasionally, and we don’t make the procedural mistakes that get cases dismissed.
Our flat-fee structure covers everything — all appearances, motions, and trial — with no additional charges if your tenant fights back. You know the cost before we start. That’s it.
We typically start your case within 24 to 48 hours of being retained.
FAQs About Evicting a Tenant in Nassau County
It depends on your specific situation — the type of tenancy, whether your tenant contests the case, and the court's schedule. As a general guide, an uncontested nonpayment case can resolve in 6 to 10 weeks from when you first retain us. Contested cases take longer. Nassau County typically runs slower than Suffolk County. For a more detailed breakdown, read our guide to eviction timelines in Nassau and Suffolk County →
Most experienced eviction attorneys on Long Island charge a flat fee for residential evictions, generally in the range of $1,000 to $1,500. Be cautious of attorneys who charge a low initial fee and then bill separately for each court appearance — those costs add up fast. We charge one flat rate regardless of how many appearances your case requires. See our full fee breakdown →
It depends on the type of proceeding. A nonpayment case requires a 14-day rent demand notice. Holdover cases require different notices — ranging from 10 days to 90 days — depending on the length and type of the tenancy. Read our complete guide to New York eviction notices →
The eviction process in New York is technical, and procedural mistakes get cases dismissed. Most landlords who try it themselves and run into problems end up calling us anyway, after losing time and filing fees. A free consultation costs nothing. Call us and find out whether your situation is something you can handle alone or something you should hand off.
