Do you need to to evict your tenant from an apartment in Smithtown?
Since the eviction process in Smithtown is complex, it is highly recommended that you seek the advice of a Smithtown evictions lawyer as soon as possible. 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 defaulting tenant from a Smithtown apartment.
We are evictions lawyers for landlords in the town of Smithtown, and the majority of our practice deals with eviction proceedings for both residential and commercial landlords with property located in Suffolk and Nassau Counties, including the Town of Smithtown.
Immediate action is our priority. In most cases, we can commence a proceeding to evict your tenant within 72 hours after being retained. You can make an appointment to meet with one of our Smithtown eviction lawyers in our office, or you can call and speak with a Smithtown eviction lawyer right now, and we can handle your entire matter over the telephone.Call us RIGHT NOW and speak with an Smithtown landlord lawyer FOR FREE.
Learn more about landlord tenant law & the evictions process in Smithtown:
The Process to Evict Your Tenant from an Apartment in the Town of Smithtown:
The two most typical types of actions initiated to evict a tenant in the town of Smithtown are:
Non-Payment Proceedings – A non-payment proceeding is initiated to evict your 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 Smithtown tenant to remain in their apartment 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 lease for the Smithtown apartment. The primary goal of a hold-over proceeding is the removal of the Smithtown 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 Smithtown tenant pays the back rent owed, you can still have him or her removed. If you want your Smithtown 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 Smithtown evictions lawyer for free: (631) 747-0356
The Steps a Smithtown Landlord Lawyer Takes to Evict Your Tenant:
Step 1: Your Smithtown Evictions Lawyer will Draft and Serve a Notice to Terminate Tenancy
Once you know the type of proceeding you wish to initiate, your Smithtown eviction attorney will determine what type of notice, if any, must be served on your tenant at their Smithtown apartment 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 an Smithtown tenant eviction lawyer before trying to serve a notice on your own, or preferably let your Smithtown evictions lawyer handle it for you. Often Smithtown 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 Smithtown landlord tenant attorney, we will draft the proper notice to terminate the tenancy for you at no additional charge.
Step 2: Your Smithtown Evictions Lawyer Commences an Action to Evict Your Tenants
A notice of petition with petition will be drafted and finalized for that court by your Smithtown evictions lawyer, and filed with the court clerk. 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 Smithtown eviction attorney, all court filing fees are included in our fee.
The notice of petition with petition must then be properly served on your tenants in Smithtown 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.
Step 3: Your Smithtown Landlord Lawyer Will Appear in Court on Your Behalf on the Date the Petition is Noticed to be Heard.
If your Smithtown 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 in Smithtown, 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 Smithtown 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 Smithtown tenant eviction process.
Step 4: After Your Case is Won, Your Smithtown Landlord Lawyer 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 Smithtown tenant eviction 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 in Smithtown. 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 Tenant from their Apartment in Smithtown
Usually Smithtown 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 in apartments in Smithtown will still refuse to leave the premises, or simply have no other place to go, and you will have to contact the Suffolk County Sheriff’s Office to physically remove them from their Smithtown apartment. When you retain us as your Smithtown evictions 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 at their Smithtown apartment, 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 to Smithtown 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 Smithtown 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 Smithtown tenant evictions process 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 from their Smithtown apartment. You need an experienced Smithtown evictions lawyer on your side. We can help you right now.
Call us today: (631) 747-0356
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To learn more about the Smithtown tenant eviction process and Smithtown Landlord Tenant Law, read our articles.