Suffolk County Evictions
SUFFOLK COUNTY, LONG ISLAND, NEW YORK
The Suffolk County Eviction Process
How do I begin formal eviction proceedings in Suffolk County?
The two main types of eviction proceedings in Suffolk and Nassau County are nonpayment proceedings and holdover proceedings. Once you know the proceeding you’d like to bring to evict your tenant, then you must follow the strict procedures provided by law for evicting a tenant.
Generally, in order to begin formal eviction proceedings, a landlord must first provide certain predicate notices to the tenant, and give the tenant the required amount of days to respond. The type of notice and the length of time depend on several factors, such as how long your tenant has resided at the apartment, and the type of tenancy.
If the tenant does not respond within the notice period, the landlord may file a petition in the appropriate Suffolk County District Courts (often referred to as the Suffolk County Landlord-Tenant Courts). The district court will then schedule a hearing date and notify both parties. At the hearing, both parties can present evidence and witnesses in support of their respective positions. The court will then issue a judgment that either grants or denies your eviction.
Resources for Evictions in Suffolk County:
How do I evict a tenant for nonpayment of rent in Suffolk County?
A non-payment proceeding in Suffolk County is often the appropriate proceeding that a landlord must bring when a tenant fails to pay rent. The first step in this process is for the landlord to serve the tenant with the prerequisite notices, which inform the tenant that they have a certain amount of time to pay the overdue rent or vacate the premises.
If the tenant does not comply with these notices, then the landlord may seek relief in court by filing a notice of petition and petition and serving the tenant. Once filed, the court will set a hearing date. If the tenant does not appear at this hearing or fails to make any payments, then a judgment of possession and a warrant of eviction with a money judgment may be issued in favor of the landlord.
The warrant is valid for 30 days and authorizes the Suffolk County Sheriff’s Department to remove any named occupants from the premises. Note that for nonpayment proceedings, the payment of rent at anytime before the conclusion of the action will result in the dismissal of your case, as the tenant has paid in full.
If your tenant is paying the rent on time but you still want to evict them, you may be interested in learning about holdover proceedings.
TYPES OF EVICTIONS
IN SUFFOLK COUNTY:
THE COURTHOUSES FOR
SUFFOLK COUNTY EVICTIONS:
What are the different types of notices that may be given
to a tenant in Suffolk County, NY
There are a variety of different notices that may be given to a tenant in Suffolk County. Some of these notices are legally required and must be given to the tenant before a Suffolk County eviction proceeding can be initiated. Others are optional and may be given at the landlord’s discretion.
Some of the most common include the 5-day and 14-day notice to evict a tenant for nonpayment of rent. As well as a 30, 60, or 90-day notice to evict a tenant in a holdover proceeding.
Mandatory notices include notices concerning back rent owed, termination of the tenancy, or eviction proceedings. Optional notices may include notifications that the landlord is canceling the lease, requesting that the tenant leave early, or providing additional information about the property. It is important for tenants to understand which type of notice is being given and to respond promptly and accurately so that the situation can be resolved in a timely manner.
After my case has been decided, what happens if my tenant doesn't move out within a certain timeframe?
Once your judgment of possession and warrant of eviction has been issued by a Suffolk County District Court Judge, your tenants will be notified of the date they must vacate the premises by. If your tenant does not comply and does not move out of the property within the allotted timeframe, then you can contact the Suffolk County Sheriff’s Office and request the physical removal of your tenant. The Suffolk County Sheriff can remove the tenants, and their personal items from the premises, as well as change locks and secure entry points on your behalf. An experienced Suffolk County landlord-tenant attorney can help advise you of your rights, and provide guidance throughout this difficult time.
Western Towns in Suffolk County, New York
Eastern Towns in Suffolk County, New York
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