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Landlord Tenant Lawyer
Serving the Town of Babylon


If you’re looking for information on how to evict a tenant in the town of Babylon, hopefully the information on this page will help you.

We’re landlord-tenant attorneys that evict tenants in Nassau County and Suffolk County, New York. If you’re not sure where to begin, you can call us or even text us right now. We offer FREE consultations.

Types of Eviction Proceedings in the Town of Babylon

The two most typical types of actions initiated to evict a tenant in Babylon are:

Non-Payment Proceedings – A non-payment proceeding is initiated to evict your Babylon tenant because the tenant has failed to pay rent, despite the landlord’s demand for payment.  A non-payment proceeding is generally faster than a hold-over proceeding, but if the tenant pays the back rent owed on or before the court date, the Court will dismiss your case and will allow the tenant to remain in possession of the premises.  If you are willing to allow your Babylon tenant to remain in their apartment if they pay the back rent owed, a non-payment proceeding may be the solution for you.

Hold-Over Proceedings – A holdover proceeding is initiated to evict a Babylon tenant where non-payment of rent is not the main reason for the eviction and there is no written lease for the Babylon apartment.  The primary goal of a hold-over proceeding is the removal of the Babylon tenant with no opportunity for the tenant to “pay and stay.”  Hold-over proceedings generally take longer than non-payment proceedings to resolve, however even if your Babylon tenant pays the back rent owed, you can still have him or her removed.  If you want your Babylon tenants removed from the premises, even if they come current with the rent, a hold-over proceeding may be for you.

Resources for Evicting a Tenant in the Town of Babylon:

What court do you evict a tenant in if your apartment is in the town of babyon?

The Suffolk County District Court, Second District is located at 30 East Hoffman Avenue in Lindenhurst, NY. The court handles all types of eviction proceedings in the town of Babylon, including evictions for residential, commercial, and mixed-use buildings.

You can view our Suffolk County District Court page for more information on district court for the town of Babylon.

suffolk county district court, lindenhurst

View Our Suffolk County District Court , 2nd District Page

If your apartment is located in one of the towns, villages or hamlets in the town of Babylon, then you can file your eviction proceeding in theSuffolk County District Court, Second District.

The Town of Babylon covers:

  • Amityvlle
  • Babylon
  • Captree (Fire Island)
  • Copiague
  • Deer Park
  • East Farmingdale
  • Gilgo (Fire Island)
  • Lindenhurst
  • North Amityville
  • North Babylon
  • North Lindenhurst
  • Oak Beach (Fire Island)
  • West Babylon
  • Wheatley Heights
  • Wyandanch

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Summary of the timeline to evict a tenant in the Town of Babylon:

The timeline for an eviction has many variables. But as a general guide, Suffolk County District Courts usually take 30-45 days to resolve an eviction. Then add at least two weeks to that total for unforeseen issues.

Timeframes may vary depending on circumstances, and most evictions will be resolved in less time than that, but to know the maximum time will place the landlord in a better position to make plans for the property.


A Sample Timeline of a Tenant Eviction
in the Town of Babylon

Step 1

Drafting & serving required notices

The required predicate notices must be drafted and sent to a process server for service. Service could take a week or more.

Step 1

Step 2

Wait for notice expiration

After service is completed, you must wait for the expiration of the time period on the notice to proceed. It could be a 10-day notice, a 14-day notice, a 30-day notice, a 60-day notice, or a 90-day notice, depending on your situation. This is the time that the tenant has to pack up and leave.

Step 2

Step 3

Asses status

After the time on the notice expires, if the tenant still has not moved out, you can now proceed with a court proceeding to have them legally removed. 

Step 3

Step 4

Draft & File Petition & Receive Court Date

Upon immediate conclusion of the notice period, a notice of petition and petition will be filed with the district court in Lindenhurst to begin your eviction proceeding. The district court in Lindenhurst assigns a court date. As soon as your attorney knows the date, you will be notified and given additional instructions, like what to do on the court date and what to expect.

Step 4

Step 5

Serve Tenants with the Petition & Notices

The tenant must be served again with the petition and required legal notices, and will be notified to appear in the Suffolk County District Court, Second District on the appearance date.

Step 5

Step 6

Appear in Court

On the court date, all parties will appear in court. If the tenant fails to appear, the landlord’s attorney may ask the court for a judgment of possession and a warrant of eviction by default. If all parties are present, they will be expected to have a conference in the courthouse to discuss the possibility of settlement.

If the case can be settled, the parties will draft a stipulation of settlement, which will describe what they have agreed to. If the judge approves the settlement, the case will be over.


Step 6

Step 7


If the parties cannot come to settlement terms, then the judge will schedule a trial on a new date. On the day of trial, both sides will present their case. If your tenant loses, the court will issue a judgment of possession and a warrant of eviction, which is what the Sheriff will need to physically remove your tenant. 

Step 7

Step 8

Have Your Tenants Physically Removed

You can now take your judgment and warrant to your county sheriff, and they will physically remove your tenant and their belongings from the apartment, and return possession of the premises back to you.

Step 8
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"How do I Find the Best Eviction Lawyer
in the Town of Babylon?"

It’s not hard to find the best eviction lawyer in the town of Babylon. You just have to ask the right questions, and make a personal choice. Speak with them and ask lots of questions, read the reviews, and ensure they have the experience to get you the desired result.

More About The Town of Babylon Evictions Process