If a part of your lease violates the law, that part of the lease is invalid and cannot be enforced, but that does not mean the entire agreement is invalid. Keep an eye out for landlords or property managers who do not want to have a rental contract, or who ask for deposits that are abnormally small. Your name and the landlords name will be at the top of the page in a box. Get peer reviews and client ratings averaging 3.0 of 5.0. . New York City residential hotel owners and tenants are governed by the rent stabilization law, enforced by the DHCR. Types of Housing Your landlord may ask you to sign a written lease before moving in. 2023, iPropertyManagement.com. (Call the NY Public Interest Research Group NYPIRG for information on Small Claims at 516-222-0086). A tenants association meets regularly to solve problems and improve conditions in their building. By law, building owners must provide all tenants with the following levels of heat and hot water: Heat (During the heating season, October 1 through May 31) Between 6 a.m. and 10 p.m., heat must register at least 68 degrees Fahrenheit when the outside temperature falls below 55 degrees; The Court Clerk will review your forms if you have no attorney and sign the NOTICE OF PETITION only if the papers are correct. As with a written lease, as of October 12, 2019, should the landlord want to raise the rent by 5%, or more, or terminate the tenancy, depending on how long you have lived there, he must give you a 30, 60 or 90 day notice before your tenancy expires, as set forth above. Probably. Unfortunately, at present, many of the pre-printed Court forms are unavailable due to recent changes in the law. Try not to pay your rent with cash. Save all your rent receipts. If your landlord turns off your utilities, you can also call the Suffolk County Department of Health Services at 631-852-5900 or in Nassau, 516-227-9715 to ask for them to step in. Tenants who believe they have been the victim of housing discrimination may file a complaint with the Division of Human Rights in person or. Tambin puede enviar un correo electrnico a info@LIFairHousing.org. New York rental agreements can be either written or oral. Also, the law may vary from state to state, so some information from our website may not be correct for your jurisdiction. Include a stamped self-addressed envelope with the proposed papers or written request. Whether your lease says so or not, your landlord must make sure that your rental space is safe and livable: If you live in an apartment building with three or more apartments your landlord has special responsibilities in making your apartment a safe and comfortable place for you to live: You are responsible for paying your rent on time. The landlord must tell you how much was deposited and the name and address of the bank where he or she put the money. For example, many NYC units are covered under rent stabilization ordinances which set restrictions on rental prices. Send a copy of it to the landlord to show that you have the rent but are not going to give it to him until the repairs are made. Where a town ordinance prohibited renting without a rental permit, the absence of such a permit by the landlord would generally lead to the dismissal of a non-payment action. Suffolk County, NY Landlord And Tenant Law Firms. If the landlord requests an application fee or payment for a credit or background check, the landlord cannot get any more than $20 for the combined application and credit/background check and must give you a copy of that report and the bill for that report. If you cannot settle the case, the Judge will have a hearing. If you believe that a landlord has discriminated against you for this or any other reason, you can complain and file a grievance with the Suffolk County Human Rights Commission at 631-853-5480. Most written leases are good for a year but can be longer or shorter. Also, check with the landlord about things like trash cans, stove and refrigerator, and storm doors. Finally, this information is not guaranteed to be up to date. You may be able to get one months rent from other agencies or even agencies that get federal money (called FEMA) that is put aside to help people in your situation. 640 Johnson Ave., Suite 8, New York Landlord-Tenant Laws Regarding Mold: Know Your Rights Whether you are a landlord or a tenant, mold in a rental property is concerning. To grieve both assessments, you are required to file a separate Form RP-524 with both the town and village. Tenant and homeowner rights . Suffolk County, NY Landlord Tenant Attorney. After the inspection, the law requires the landlord to give you an itemized list of all needed repairs and/or cleaning. Inform the landlord of any repair or maintenance issue. Be sure to get your landlords address and phone number. Rent Increases & Related Fees in New York, Additional Landlord Tenant Regulations in New York, How to Report a New York Landlord for Unsafe Living Conditions, Waterproofing on ceilings, walls, and floors. Last Updated: Tenant and homeowner rights / Housing A sample letter to your landlord requesting repairs . Our New York landlord-tenant attorneys are based in Garden City, on Long Island, from which we . The Law Office of Shawn R. Kassman Esq. If you will be paying your own heat and electricity, request the name of the fuel oil or gas company that provides the fuel and check with LIPA to obtain copies of old utility bills for that house or apartment. You should consult with an attorney or refer to the Real Property Law or Real Property Actions & Proceedings Law to be sure you have satisfied all requirements. If you are a tenant involved in a dispute with your landlord, it is important that you document everything and communicate with your landlord in writing. It can take a month or more for the sheriff to then evict. If you can, take pictures of each room. View Lawyer Profile Email Lawyer. Does the rent include heat and electricity? HearingGenerally, the landlord presents his or her case first. Advertising that indicates discriminatory preferences. Employment/Internship Opportunities Tenants associations are easy to start. For other kinds of evictions, or if the available forms are not for you, a NOTICE OF PETITION and PETITION would need to be drafted by an attorney. In the District, Civil, Town and Village Courts, defendant's time to Answer starts . Possibly, dependent upon the particular circumstances of your situation. Testimonials The steps your landlord needs to take if he wants you to move depend on two things: (1) whether or not you have a written lease and. (Call NYPIRG for more information see p. 5). You let the landlord know about it, but he did not make the repairs. If you settle the case, the agreement will be put in writing in a document called a stipulation. Your landlord must let you know he is taking you to court by sending you legal papers. You must explain to the Judge in your papers that you have. Yes, squatters enjoy various rights and protections in NYC and NY State. 220-238A) states that landlords have certain rights, such as the right to receive timely rent and the right to be reimbursed for damages that exceed normal wear and tear. If the petition is for non-payment of rent, please see Tenant Questions & Answers: Nonpayment Eviction Cases in New York State. If the landlord wins, the landlord is granted possession of the property. The old bills will give you a history of past costs and a good idea of how much you will be paying for utilities and/or fuel each month. 378. Landlord's Rights in Suffolk County, NY. But, DO NOT SPEND THE RENT MONEY. For example, if your landlord has been notified that your door lock is broken and doesnt repair it, you may hire a locksmith and deduct the cost from the rent. If your property is located in a village that assesses property, you will have two assessments, one for the village and one for the town. 1325 Franklin Avenue NY and Suffolk County, New York Open for Business. There are various court proceedings to remove a tenant. He cannot just throw you out anytime he wants. If you must move, the landlord will ask the judge to sign a paper called a Warrant of Eviction. Donations New York state law adds additional protections for tenants on the basis of age, marital status, military status, sexual orientation, and gender identity. Apart from paying rent in a timely manner, New York tenants must: Landlords in New York are permitted to evict tenants for the following reasons: It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons. Even if you agree that you didnt pay the rent or that what the landlord says is right, you should still go to court. Do not spend the rent money! A confidential consultation will provide guidance and insights to both tenants and landlords alike. If the next date is provided by notice from the court, the court will notify parties of the next court date by mail and provide instructions on ways to attend virtually if applicable. Periodically, the forms will be updated, so please check back periodically. To schedule an appointment contact us by email or feel free to call our office at (516) 699-8411 or toll free at (800) 774-5976. If you do, the judge will likely decide against you and grant the landlord a court order to evict you. If the tenant wishes to terminate a month-to-month tenancy, the tenant should give the landlord notice a full month before they intend to vacate the premises. When you move out you should give the landlord your forwarding address because 14 days after you move out, the landlord needs to send you an itemized statement of any amount of your security deposit that is kept for damages or back rent and the balance of the money you gave as security. Special note: In Suffolk County, a landlord must offer a written lease of at least one year in buildings with 3 or more apartments. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. In New York, if a person lives on a property openly and adversely without the owner's permission for at least 10 uninterrupted years, that person can make an adverse possession claim, provided that they have paid the taxes throughout the teen years. All future court dates, if any, will be set during court proceedings or upon notice by the court. Need Help? The two most common types of eviction proceedings are: There are other types of L&T proceedings (some are listed in RPAPL 713 and RPAPL 715). Try to work out an agreement with your landlord and get it in writing. Keep copies of ALL paperwork relating to your tenancy and keep them in a safe place. 378 para hablar con un investigador capacitado en equidad de vivienda. At the end of the court case, the judge will tell you when and if you have to move and how much rent you owe. Rent Control: New York has rent control and state law allows local governments to create their own rent control laws. Setting your location helps us find resources in your county. All public documents must be certified by the agency producing such documents (a certification is a statement that the documents are true copies of an agency's records - the agency should be able to tell you how to get the records certified). If you have a question about issues not covered in this document or if you think your landlord has broken New York's tenant protection law, contact my office at (800) 771-7755; TDD/TTY Toll Free Line: (800) 788-9898. Otherwise, you may pay to repair something and not be entitled to have the money returned. What is a Landlord-Tenant (L&T) court case? Bring cancelled checks or rent receipts to show that you paid the rent. If you are a New York City resident, please visit the NYC Legal Services for Tenants website. You might also contact Nassau/Suffolk Law Services and Long Island Housing Services, Inc for assistance. Rent Increases: The maximum rent increase percentages change annually and depend on the location of the rental unit and whether it is protected by rent control or rent stabilization. Need to report an illegal apartment - Holbrook, Suffolk County, Long Island, 25 replies Need information on landlord/tenant rights?, Long Island, 1 replies Tenant rights, help me understand, Long Island, 4 replies Need a Tenant Lawyer (mid suffolk), Long Island, 13 replies 1/2 cello rental in suffolk county, Long Island, 3 replies In New York, if a tenant has a month-to-month lease or rental agreement and the landlord does not have cause to terminate the lease early, then the landlord must give the tenant notice as follows: Tenants occupying for a year or having a lease of at least one year: 30 days' notice. Find out if you have done everything you need to, such as writing letters to the landlord telling him about the problem. Free Consultation Lawyers: Mark J. Goldsmith Frank M. Maffei Jr. Edward A. Robertson. Legal advice depends upon the specific facts of each situation. Proceedings to recover real property require knowledge of the law and familiarity with local rules and practices. The landlord or the landlord's attorney will have a process server or any non-party over the age of eighteen (18) serve a copy of the papers filed with the Court on each tenant. The important thing to remember is that you have a legal contract with your landlord, even if it is not in writing. Attorneys must file a proposed JUDGMENT OF POSSESSION (like the Blumberg T-1412, T-1413, or T-1414) and WARRANT OF EVICTION (like the Blumberg T-1408 or T-1409) with the Court Clerk. When you move out, take pictures. The Court will generate the appropriate papers. If the landlord doesnt keep his word or doesnt take care of the repairs quickly, send the landlord a letter, asking him to make the repairs. Landlords must give a 5-day grace period before charging a late fee. Please refer to our COVID-19 resources for updates on temporary changes to these rules. Landlord & Tenant FAQ's (housing, evictions), Post-judgment FAQ's (collecting, enforcing, vacating), How to request a stay of eviction or vacate a default L&T judgment (DC-420), Nassau County District Court L&T Forms and Guides for Landlords and Tenants, Tenant Questions & Answers: Nonpayment Eviction Cases in New York State, Tenant Questions & Answers: Holdover Eviction Cases in New York State, Article 7 of the Real Property Actions and Proceeding Law (RPAPL) summary proceedings to recover possession of real property, T-1407 NOTICE OF PETITION & T-1406 NON-PAYMENT PETITION, DIY INTERVIEW & FORMS: Small Property Owner Nonpayment Petition Program, Small Property Owner Licensee Holdover Petition Program, Small Property Owner Squatter Holdover Petition Program, T-1411 NOTICE OF PETITION & T-1410 HOLDOVER PETITION, setting a court date in order to ensure that Court will be in session, request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT, NYS Attorney General's Tenants' Rights Guide, New York Real Property Actions & Proceedings Article 7-A - (769 - 783), Suffolk County Bar Association for a free or low-fee consult, Order to Show Cause and supporting affidavit forms and instructions DC-420, DIY INTERVIEW & FORMS: Tenant Vacate Default Judgment Program, the PETITION and NOTICE OF PETITION generated by the, the original or certified copy of the deed to the building, the lease or written agreement for the party you are suing, if there is one, certified copies of registration statements (like the town's rent registration, or a multiple dwelling registration statement), any other documents that are relevant to the claims you are making, witnesses (like a superintendent, manager, or mechanic who can testify as to attempts to gain access and/or attempts to repair conditions, if conditions are an issue), rent receipts, checks or other proof of rent payments, the lease or written agreement for the apartment, if you have one, photographs of any conditions you are claiming, heat charts, if heat is an issue and you kept a record, receipts or bills for any money you claim you spent, any other documents that are relevant to your defense or to the claims you are making, witnesses (like a friend or neighbor who has seen a condition complained of, if conditions are an issue), A tenant may bring a special proceeding in L&T Court to recover possession of premises from which he or she has been forcibly put out or kept out (, a good reason for not appearing in Court, AND. If all parties are present, the Judge will probably request that you try to settle the case - a voluntary, binding agreement that resolves the differences between the parties to a lawsuit. Failing to make reasonable accommodations. A lease gives you and your landlord rights and responsibilities. Read your lease agreement carefully! This applies to multi-family units only. You cannot be evicted unless the landlord takes you to court and wins. As of October 12, 2019, if the landlord wishes to raise your rent by 5% or more, or if he does not want to renew the lease, he must give you a 30, 60 or 90 days notice depending upon how long you have lived there: Notice does not automatically let the landlord evict you. After the WARRANT OF EVICTION is filed with the Sheriff, a Deputy Sheriff will post a 14-DAY NOTICE for you to leave the premises. (CPLR 321(a)). If a TRANSCRIPT OF JUDGMENT is requested the transcript fee must be paid when the request is filed with the Court Clerk. Your landlord can keep all or part of your security deposit to pay for any damages that you cause. New York HousingSearch.gov is a FREE public service provided by New York State Homes and Community Renewal (HCR). Sometimes, you wont be able to find any available housing and want to move back into your home. If your landlord evicts you illegally, you can sue for three times the damages you suffer. The Landlord-Tenant (Eviction) Courts at the Nassau County District Court and the Suffolk County District Courts (as well as the Courts in the City of Glen Cove, City of Long Beach and East End Towns [Southampton, East Hampton], Westchester County, New York City, etc) are open and operating. Attorneys may submit a proposed MONEY JUDGMENT and pay the fee for a TRANSCRIPT OF JUDGMENT at the time the WARRANT and JUDGMENT are submitted, and the Clerk will issue the TRANSCRIPT OF JUDGMENT to be used in enforcing any money judgment. Sometimes a Judge may ask some questions to clarify matters. Under new laws, security deposits in New York will be limited to the equivalent of one month's rent. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. The landlord is not required to use the security that you paid to cover the rent. Integrated Pest Management follows the principles of preventing entry, inspecting, monitoring, and treating pests on an as needed basis. Landlord Tenant Lawyer Serving Suffolk County, NY. If the landlord or the landlord's attorney communicates to the Court that you were served with a Notice of Petition and other required documents, and you do not appear as directed, the case will be decided without you. This is called a month-to-month tenancy. If the utility meter is shared with others in the building, the law requires the landlord to have the meter in his name. Taken More Than 7,000 Firearms Out of New York Communities Since 2019. A tenant with a month to month tenancy must tell the landlord they are not renewing one month in advance. It is a good idea to write the period that the payment covers on the check or money order (i.e. landlord, building manager, etc.) If you wish to proceed without an attorney, you will be responsible for preparing your papers in accordance with the law, without assistance from the court staff. If you want to move back, it is important to contact a lawyer or us at Nassau Suffolk Law Services to see if we can help you. U.S. Department of Verified Attorney. The information contained in this material is not legal advice. Follow these steps carefully: The judge will decide if the problem was serious enough to withhold the rent. (914) 361-4500. 3105 Veteran's Memorial Highway, Ronkonkoma, NY 11779 calendars are usually scheduled at 9:30 a.m. This is called direct examination. Set Location. 104 Lewis Street, Southampton, NY 11968 is a single family home not currently listed. If the landlord does not follow the law, he is liable for damages, up to twice the amount of your security deposit. The landlord may offer certain documents into evidence. The Court Clerk will assist you in setting a court date in order to ensure that Court will be in session. For more information, please see our FAQs. Our mission is the elimination of unlawful housing discrimination and promotion of decent and affordable housing through advocacy and education. handles all areas of landlord-tenant law in Suffolk County and throughout Long Island and New York, including preparation of leases and evictions. includes form for pro-se defendants to have the court prepare and serve and file Notice of Appeal. Advisory Council In the event that your landlord sues you for nonpayment of rent, and the judge determines that the withholding of the rent was not reasonable, you will have to pay that money at that time in order to avoid being evicted. Know your rights and responsibilities as a tenant. What happens if I am a tenant and I do not appear in Court after receiving a NOTICE OF PETITION? The deposit cannot be greater than one months rent and is intended to cover damages beyond normal wear and tear. Look out for some signs you may be dealing with a scam: "The healthiest society is one that is racially, culturally, and economically inclusive.". The tenant will be served with a copy of the Notice of Petition that lists the time, date and location to appear in court. Search. The lease cannot be changed while it is in effect unless both you and your landlord agree, in writing. Landlord-Tenant (L&T) court cases generally seek the relief of an order of the Court directing the rightful possession of real property residential or commercial back to the landlord. Keep a copy of the letter. You can also file a fair housing complaint with HUD at (800) 669-9777. Medical All of our offices are now open to the public and accepting walk-ins. DC-149R. Sometimes, landlords will try to evict you because you have complained about conditions in your home to either the landlord or his agent or government agencies or because you joined a tenants association. Bring pictures that show any serious problems with the premises. Victims of rental scams can find it difficult to get justice after they have been scammed; scammers often disappear (along with the victims money) once they have been found out. Many cities in New York have their own landlord-tenant laws in addition to the state requirements. Subscribe Education In New York, landlords must rent out only properties which are habitable. TENANT RIGHTS FOR THE MOST UPDATED INFORMATION AND TENANT'S RIGHTS GUIDE, PLEASE VISIT THE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL'S WEBSITE: https://ag.ny.gov/consumer-frauds/housing-issues Changes to New York State Rent Law Tenant Harassment Fair Housing Immigrant Tenant Rights Guidance to Law Enforcement on Illegal Lockouts EVICTIONS Llame a Long Island Housing Services al 631-567-5111 ext. Retaliatory eviction can be hard to prove. The forms referred to above are intended for a landlord to evict a tenant. Touro New York New York State Bar. Some things the lease should include: amount of time that you will be renting (for example, one year), Both the landlords and tenants responsibilities (such as, what utilities are included in the rent). This may be served personally, but if you are not home, the sheriff will leave it with another responsible person who lives in your household OR will leave it on your door, window, or in your mailbox and mail it as well. Sometimes a Judge may ask some questions to clarify matters. Service must be in full compliance with the law. A letter from a landlord or landlords attorney is NOT enough to evict you. This legislation also prevents landlords from denying tenants on the basis of receipt of disability benefits, veterans benefits, or other government subsidies and non-wage income. Examples of relationships involving real property which may permit an eviction are included at RPAPL 713 and RPAPL 715). The legal papers you will get are called a Notice of Petition and a Petition. Additional witnesses may be called to testify in support of the landlords claims, and they, too can be cross-examined by the tenant or may be asked questions by the Judge. This Court strongly recommends that you retain an attorney. In the Supreme, County and City Courts, the Affidavit of Service must be filed by 20 days or less from the date the papers were left or mailed whichever is later. Landlords do have an obligation to mitigate damages in such a situation, though this depends on the specific circumstances. What do I do? The official statement can be found here. Tenants are allowed to change their locks at will, but must usually provide copies of new keys to the landlord. If the landlord agrees to let you use the security to cover a months rent, make sure this agreement is in writing and signed by the landlord. 1. Anything that will help prove the facts in dispute should be brought to Court. T: 631.669.6300 F: 631.669.6333 E: jclark@clarkslaws.com Suffolk County Office. Whether your lease is written or verbal, it must be consistent with New York State law. If it is, you should try and talk to a lawyer before you take any of the next steps. Local Suffolk County NY Landlord & Tenant Lawyers (39 results) Filter Filter Clear all REVIEWS and up and up and up and up Credentials Super Lawyers rated FEATURES Offers virtual appointments Offers free consultation FEES & PAYMENTS Payments plans available Accepts credit cards SHOW BY DISTANCE 10 mi 30 mi 60 mi All LANGUAGE Apply Filters New York landlords must give the following mandatory disclosures: New York state law prohibits landlords from locking tenants out, especially as a form of retaliation. These cases are special proceedings filed pursuant to RPAPL Article 7A: special proceedings to remedy conditions dangerous to life, health or safety. Security deposits protect the landlord in case there is damage to the property. Long Island Housing Services functions as the only Long Island based dedicated fair housing agency serving all of Nassau and Suffolk Counties. Veterans, What We Do Call Law Services for advice and information. If you need assistance with a landlord-tenant matter, please call Long Island Housing Services at 631-567-5111 ext. A written lease is a written agreement signed by both you and your landlord. Locations You are responsible for any damage to the apartment that you cause aside from normal wear and tear.
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