Landlord Tenant Lawyer
Serving the Town of Huntington
LONG ISLAND, NEW YORK
If you wish to continue learning, the following information outlines the procedure for evicting a tenant in the Town of Huntington.
The Process to Evict a Tenant in the Town of Huntington
The two main types of eviction proceedings in the town of Huntington are nonpayment proceedings and holdover proceedings.
Nonpayment proceedings are used to remove a tenant from a rental property when they have not paid their rent. Holdover proceedings are used in almost all other circumstances, for example when a tenant has stayed in the rental property beyond the end of their lease, or if they have breached the terms of the lease.
Once you know the type of eviction proceeding you’d like to use to evict your tenant, then you must follow the strict legal procedures required by law to begin your eviction proceeding in the town of Huntington.
Resources for Evicting a Tenant in the Town of Huntington:
What Court do You File an Eviction Proceeding in if Your Property is in the Town of Huntington and You Want to Evict Your Tenant?
The Suffolk County District Court for the Third District is located at 1850 New York Ave in Huntington Station, NY. The court handles all types of eviction proceedings in the town of Huntington, including evictions for residential, commercial, and mixed-use buildings.
You can view our Court page for the Town of Huntington to learn more:
If your apartment is located in one of the towns, villages or hamlets in the town of Huntington, then you can file your eviction proceeding in the Suffolk County District Court, Third District.
THE COURTHOUSE FOR
The Town of Huntington, NY includes:
- Alden Manor
- Atlantic Beach
- Bellerose Terrace
- Bethpage (certain parts)
- East Meadow
- East Rockaway
- Floral Park (certain parts)
- Franklin Square
- Garden City
- Green Acres
- Hempstead Gardens
- Island Park
- Lakeview of Rockville Centre
- Lakeview of West Hempstead
- Long Beach
- Mineola (certain parts)
- New Cassel (certain parts)
- New Hyde Park (certain parts)
- North Lynbrook
- North Valley Stream
- North Woodmere
- Plandome (certain parts)
- Point Lookout
- Rockville Centre
- Roosevelt Field
- South Hempstead
- Valley Stream
- West Hempstead
Summary of the timeline to evict a tenant in the Town of Huntington:
The timeline for an eviction has many variables. But as a general guide, the Nassau County District Court usually takes 45-60 days to conclude landlord-tenant matters. 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
Non-Payment Proceeding in the Town of Huntington:
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.
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.
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.
Draft & File Petition & Receive Court Date
Upon immediate conclusion of the notice period, a notice of petition and petition will be filed with the Suffolk County Court, 3rd District in Huntington to begin your eviction proceeding. The district court 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.
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 Suffolk County District Court for the 3rd District in Huntington on the appearance date.
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.
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.
Have Your Tenants Physically Removed
You can now take your judgment and warrant to the Suffolk County Sheriff, and they will physically remove your tenant and their belongings from the apartment, and return possession of the premises back to you.
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"How do I Find the Best Eviction Lawyer
in the Town of Huntington?"
It’s not hard to find the best eviction lawyer in Huntington. 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.