Landlord Tenant Lawyer
Serving the Town of Smithtown
LONG ISLAND, NEW YORK
If you are looking for information on the eviction procedure to evict a tenant, or information on landlord-tenant court proceedings in the Town of Smithtown, NY, then this page may provide assistance.
Consulting with a Smithtown landlord-tenant lawyer with experience in evicting tenants and representing tenants in Suffolk County District Court is recommended. You can call us or even text us right now, and we can get you the information you need right away.
If you’d prefer to keep learning on your own, then here’s some information on evictions in the Town of Smithtown.
The Smithtown Evictions Process
In Smithtown, eviction proceedings may include defaulting on payments or prolonging occupancy. These are referred to as 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 The Suffolk County District Court, Fourth District for evicting your tenant.
Resources for Evicting a Tenant in the Town of Smithtown:
What court should a landlord file an eviction proceeding in if the property is located in the town of Smithtown?
The Suffolk County District Court, 4th District is located at 725 Veterans Memorial Highway
Smithtown, New York. The court handles all types of eviction proceedings in the town of Smithtown, including evictions for residential, commercial, and mixed-use buildings.
You can view our Suffolk County District Court, 4th District page for more information on Smithtown evictions court.
If your apartment is located in one of the towns, villages or hamlets in the town of Smithtown, then you can file your eviction proceeding in the Suffolk County District Court, 4th District in Hauppauge.
THE COURTHOUSE FOR
Suffolk County District Court Fourth District's
Landlord-Tenant division covers evictions in the towns of:
- Commack (certain parts)
- Fort Salonga (certain parts)
- Hauppauge (certain parts)
- Head of the Harbor
- Kings Park
- Lake Ronkonkoma (certain parts)
- St. James
- Village of the Branch
Summary of the timeline to evict a tenant in the Town of Smithtown:
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 Smithtown:
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 District Court in Hauppauge to begin your eviction proceeding. The Suffolk County 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 in the 4th district 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 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.
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"How do I Find the
Best Eviction Lawyer in Smithtown?"
It’s not hard to find the best eviction lawyer in Smithtown. 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.