Landlord Tenant Law & Evictions

We help landlords evict their problem tenants for both commercial and residential evictions in Nassau and Suffolk County.


Evictions Lawyer for Suffolk & Nassau County

 

Do You Need to Evict Your Suffolk County or Nassau County Tenant?

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Most landlords will eventually be confronted with the eviction process and the need to hire a landlord tenant lawyer when they have to evict a tenant, either 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, we can help you.

The stress of feeling taken advantage of, and the confusion of trying to navigate the legal process on your own can take it’s toll. You need a team on your side that moves fast to alleviate your “problem”, and you need a team who can appear in court on your behalf to seek justice.

Our firm has years of experience battling tenants in court, and we appear in court on an almost daily basis. In fact, the majority of our practice deals with Long Island tenant eviction proceedings for both residential and commercial landlords with property located in Suffolk County and Nassau County. We stay advised of the latest case law, 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 a Long Island landlord tenant attorney FOR FREE.

(631) 747-0356

*We only serve Nassau County and Suffolk County, Long Island, New York.*

 

Learn more about landlord tenant law & the evictions process in Nassau County and Suffolk County:

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 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 tenant to remain 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 tenant where non-payment of rent is not the main reason for the eviction and there is no written rental 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 him or her removed.  If you want your tenants removed from the premises, even if they come current with the rent, a hold-over proceeding may be for you.

 

If you are unsure which type of proceeding is best for you,
call us now & speak with a Suffolk County or Nassau County
eviction lawyer for free:  (631) 747-0356

 

The Steps We Take to Evict Your Tenant:

 

Step 1: We Draft and Serve a Notice to Terminate Tenancy

Once you know the type of proceeding you wish to initiate, we will determine what type of notice, if any, must be served on your tenant prior to commencing the 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 notices are extensive, you should consult with a Nassau County or Suffolk County tenant eviction lawyer before trying to serve a notice on your own, or preferably let your landlord tenant attorney handle it for you.  Often landlords 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 landlord tenant attorney, 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 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 landlord-tenant attorney, and filed in the appropriate 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 tenant 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 court before your appearance date.

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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. 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, 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, we will submit a proposed judgment and warrant of eviction to the court.

Once your trial is over, the judge will issue his or her decision.  If you prevail, your Long Island lawyer 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 vacate the premises shortly thereafter. They feel defeated, and know it’s time for them to move on. In some cases, tenants will still refuse to leave the premises, or simply have no other place to go, and you will have to contact the Nassau County or Suffolk County Sheriff’s Office to physically remove them. When you retain us as your Nassau County or Suffolk County tenant eviction lawyer, 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 72–hour notice, advising them that they have 72 hours to vacate the premises or they will be physically removed. If your tenants still have not vacated the premises at the expiration of the 72-hour 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.

Call us today: (631) 747-0356
or Contact Us


To learn more about the Long Island tenant eviction process and Nassau County and Suffolk County Landlord Tenant Law, read our articles.

 

 

Servicing Suffolk County and Nassau County, including but not limited to the Town of Hempstead, Town of Oyster Bay, City of Long Beach, Town of Babylon, Town of Huntington, Town of Islip, Town of Hauppauge, Town of Brookhaven, Amityville, Babylon, Baldwin, Bayport, Bayshore, Bayville, Bellmore, Bellport, Bethpage, Blue Point, Bohemia, Brentwood, Carle Place, Center Moriches, Centerport, Centereach, Central Islip, Cold Spring Harbor, Commack, Copiague, Coram, Cutchogue, Deer Park, Dix Hills, East Hampton, East Meadow, East Northport, East Setauket, East Williston, Elmont, Farmingdale, Farmingville, Floral Park, Franklin Square, Freeport, Garden City, Glen Cove, Great Neck, Greenlawn, Greenport, Hauppauge, Hempstead, Hicksville, Holbrook, Holtsville, Huntington, Huntington Station, Islandia, Islip, Jericho, Kings Park, Kings Point, Lake Grove, Lake Ronkonkoma, Lawrence, Levittown, Lindenhurst, Long Beach, Lynbrook, Malverne, Manorville, Massapequa, Mattituck, Mastic, Mastic Beach, Medford, Melville, Merrick, Middle Island, Mineola, Mt. Sinai, Montauk, Nesconset, New Hyde Park, North Babylon, North Hempstead, Northport, Oakdale, Oceanside, Old Westbury, Oyster Bay, Patchogue, Plainview, Port Jefferson, Port Jefferson Station, Port Washington, Quogue, Ridge, Riverhead, Rockville Centre, Rocky Point, Ronkonkoma, Roslyn, Sag Harbor, Sands Point, Sayville, Selden, Setauket, Shoreham, Shirley, Smithtown, Sound Beach, Southampton, Southold, St. James, Stony Brook, Syosset, Valley Stream, Wading River, West Babylon, West Islip, West Sayville, Woodbury, Wyandanch, Yaphank.