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Do You Need an Eviction Lawyer to Evict Your Suffolk County or Nassau County Tenant?
Most landlords will eventually be confronted with the eviction process and the need to hire an eviction lawyer for legal representation. Evicting a tenant can be a complicated process – whether it’s for non-payment of rent, for other violations of the rental agreement, or because the tenant is holding over past the expiration of his or her tenancy. Whether your tenants have stopped paying rent, or you just want them to move out, it’s almost always best to have an eviction lawyer representing you.
The stress of feeling taken advantage of, and the confusion of trying to navigate the New York legal process on your own can take its toll. You need a landlord tenant lawyer on your side that moves fast to alleviate your “problem”, and you need an eviction lawyer who can appear in court on Long Island on your behalf to seek justice.
An Eviction Lawyer with Experience
The landlord-tenant lawyers at our law firm have over fifteen years of experience battling tenants in court, and we appear in courts on Long Island on an almost daily basis. In fact, the majority of our practice deals with Long Island tenant eviction proceedings and eviction law issues for both residential and commercial landlords with property located in Suffolk County and Nassau County. Our lawyers stay advised of the latest eviction laws, and are zealous advocates for our clients. In most cases, we begin procedures to evict your tenant the same day we are retained, as immediate action is our priority. Let us show you why we’re the firm for you. Don’t worry if it’s after-hours. We’re here. Go ahead, give us a call.
Call us RIGHT NOW and speak with an Eviction Lawyer, for Free.
The illegal requirements of the landlord-tenant relationship and the process to evict a tenant from a rental property is complicated. We offer free consultations and legal advice via phone call or text to discuss your situation. There’s no reason to try to figure all of this out on your own. Give us a call and learn about your legal rights and the legal assistance available to you. We’ll give you a free consultation.
About the New York Tenant Eviction Process in Nassau & Suffolk County:
The two most typical types of actions initiated to evict a tenant in Nassau and Suffolk County are:
Non-Payment Proceedings – A non-payment proceeding is initiated to evict a 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 unpaid rent to the property owner 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 tenant to remain if they pay the back rent owed, a non-payment proceeding may be the solution for you. If nonpayment of rent is not the issue, then you may want to file a holdover proceeding.
Hold-Over Proceedings – A holdover proceeding is initiated to evict a tenant where non-payment of rent is not the main reason for the eviction and there is no written lease agreement for a term that has not yet expired (a written lease). The primary goal of a hold-over proceeding is the removal of the 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 tenant pays the back rent owed, you can still have your eviction lawyer remove them. If you want your tenants removed from the premises, even if they pay the back rent owed, then filing a hold-over proceeding in eviction court may be for you.
If you have a commercial lease and need to bring a commercial eviction against your tenant, please view our commercial real estate lawyer page.
The 5 Most Common Steps an Eviction Lawyer Would Take to Evict Your Tenant:
Step 1: Your Eviction Lawyer Would Draft and Serve a Notice to Terminate the Tenancy
Once you know the proceeding you wish to initiate, we will determine what type of eviction notice, if any, must be served on your tenant prior to commencing the eviction proceeding. The type and content of the notice and the method of service depend on many factors, including the type of tenancy, the reason for the eviction and the requirements of the written rental agreement, if any. Because the legal requirements of such eviction notices are extensive, you should consult with a Nassau County or Suffolk County eviction lawyer before trying to serve a notice on your own, or preferably let your eviction lawyer handle it for you. Often landlords misunderstand eviction laws and serve their own form of notice that they’ve downloaded from the internet or found in a book, which commonly has no legal effect, and only serves to delay the eviction of your tenant. When you retain us as your eviction lawyer, we will draft the proper notice to terminate the tenancy for you at no additional charge.
Step 2: We Commence an Action to Evict Your Tenant
The correct forum and venue for the evictions action must be determined, based on the location of the property. A notice of petition with petition will then be drafted and finalized by your eviction attorney and filed in the appropriate evictions court. A filing fee must be paid to the clerk of the court, who will usually assign an index number at the time of filing. When you retain us as your New York eviction lawyer, all court filing fees are included in our fee.
The notice of petition with petition must then be properly served on your tenants in accordance with the Real Property Actions and Proceedings Law, and affidavits of service must be executed and timely filed with the landlord tenant court before your appearance date.
Step 3: We will appear in court on your behalf on the date the petition is noticed to be heard.
If your tenant requests an adjournment, or if the Court adjourns your matter, we will fight to have your case heard as soon as possible, and we will appear at every court date at no additional charge to you. As your eviction lawyers, we will conference your case with your tenant and the judge, and if necessary, we will conduct a trial before the judge to receive a court order allowing for the physical removal of your tenant from the premises, as well as a money judgment, if applicable.
If a trial is necessary, the landlord, property manager, or someone with personal knowledge of the facts of the case may be required to appear in court and testify. As your evictions lawyer, we will guide you and prepare you in advance for your appearance, and we will advise you with particularity as to each step in the tenant eviction process.
Step 4: After Your Case is Won, Your Eviction Lawyer Will Submit a Proposed Judgment of Possession and Warrant of Eviction to the Court.
Once your trial is over, the landlord-tenant court will issue its decision. If you prevail, your eviction law firm will draft a proposed judgment (both for money, if awarded, and for possession) and a warrant of eviction on your behalf, and will submit them to the court with payment of the fee for a transcript of judgment. Drafting a proposed judgment and warrant of eviction, submitting them to the court, and paying the court’s fee for your transcript of judgment is included in our service.
You will need a transcript of judgment if you plan to enforce your judgment and have your warrant of eviction executed. Once submitted, we must then wait for the judge to approve and sign your judgment and warrant, and mail them to us. We will forward them to you with further instructions, typically the same day we receive it. This is the conclusion of the courtroom part of the eviction process.
Step 5: Physical removal of your Nassau County or Suffolk County tenant
Usually tenants who lose at trial leave the apartment shortly thereafter. They feel defeated, and know it’s time for them to move on. you or your property manager can let your landlord tenant lawyer know if your tenant has vacated the premises after trial, or if they still are living at the rpoperty. If the tenants still refuse to leave the premises, or simply have no other place to go, you’ll have to contact the Nassau County Sheriff’s Office or Suffolk County Sheriff’s Office to have the sheriffs physically remove them from your apartment. When you retain us as your eviction attorneys, we will give you explicit instructions and guide you through your contact with the Sheriff’s office.
The first action the Sheriff will take will be to serve your tenants with a notice, advising them that they have 14 days to vacate the premises or they will be physically removed. If your tenants still have not vacated the premises at the expiration of the 14-day notice, the Sheriff will return sometime thereafter and physically remove your tenants and their belongings, and return possession back to you. If the tenant causes damage to the property in excess of any security deposit you may be holding, you can start a new court action to recover your losses.
As you can see, the eviction process in Nassau County and Suffolk County is complex, and there are strict requirements that must be followed before a court will grant you a money judgment for the back rent owed, and a warrant of eviction to physically remove your tenant. You need an experienced Long Island evictions lawyer on your side. We can help you right now.
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