Suffolk County Landlord & Tenant Lawyer
If you are landlord in Suffolk County and want to evict your tenant we can help you we are a Suffolk County Landlord & Tenant Lawyer and have appeared in Suffolk County landlord-tenant court for over 15 years and have represented landlords and tenants in various court proceedings throughout Suffolk County over the last 15 years. We have a high success rate in evicting tenants throughout Suffolk County.
Landlord-tenant proceedings are commenced in the local District Court’s as limited jurisdiction courts. These proceedings are very straightforward if properly commenced. If the notice of petition and a petition is not properly drafted and served, then oftentimes a proceeding will be dismissed, forcing the petitioner to restart the preceding all over again. As a landlord lawyer and tenant lawyer handling many hundreds if not thousands of eviction proceedings throughout the years we know the proper practice and take care of drafting the appropriate legal documents and serving them timely.
If you are a landlord and wish to evict the tenant for failure to pay rent or for violating the lease agreement we can help you evict the tenant. We are a Suffolk County landlord Tenant lawyer. We will prepare all of the proper paperwork to ensure the tenant is properly evicted including preparing the initial notice, filing of the summons and serving the tenant as well as preparing the judgment of possession and warrant of eviction and following those documents with the sheriff as well as following a judgment for rental arrears if necessary.
As a landlord that owns the property the landlord/owner is entitled to get their property back if the tenant is in violation of the terms of the agreement. Oftentimes tenants call my office and ask what their rights are when they have been living in the property for many years. The answer is they have no rights if the landlord wants to get their property back ,that is ultimately what’s going to happen. Tenants oftentimes forget that the landlord/owner of the property is the owner and without having a lease the tenant essentially has no rights to stay any further if a proper landlord tenant eviction proceeding is commenced
Landlord / Tenant law governs the rental of commercial and residential property. The Law Office of Shawn R. Kassman Esq. is a Suffolk County Landlord & Tenant Lawyer and handles all areas of landlord–tenant law in Suffolk County, including preparation of leases and evictions. There are three court proceedings to remove a tenant.
Three Possible Ways A Landlord Can Evict a Tenant – Know Your Rights!
- Holdover Proceedings
- Nonpayment Proceedings
- Termination of Licensee
- Squatter Proceeding
A holdover proceeding is used when a landlord wishes to remove a tenant from the premises after the lease expires or to remove a tenant with a month-to-month agreement. With this type of proceeding the landlord must provide the tenant with a 30 day notice to vacate the premises. After the 30 day notice is given to the tenant, you cannot collect on rent due for the months Thereafter. In order to evict the client the landlord still must serve the tenant with eviction paperwork after the 30 days has lapsed.
Nonpayment proceeding is brought by the landlord when the tenant has not paid their monthly rent obligation. The tenant is served with papers to appear in court on a certain date. The lawyer for the landlord will draft the eviction proceedings paperwork. In this paperwork the attorney will choose the date to appear in court. The date Will be stipulated in the papers served upon the tenant. The tenant cannot be served less than five days before the court, and not more than 12 days before the Court date. If the tenant comes to court with the money that is owed they will be permitted to stay in the premises by the court.
In either of the nonpayment proceeding and in the holdover proceeding the judge will request that the parties attempt to settle the dispute by stepping out of the courtroom to discuss their case. If the parties work out an agreement a stipulation is submitted to the Court with the terms of the agreement. If the parties cannot agree upon a settlement then a hearing is conducted where the judge hears testimony from the landlord and hears testimony from the tenant. Then the judge will make a decision on who is at fault. If you are the landlord in either the holdover proceeding or the nonpayment proceedings, your ultimate goal is to get a warrant of eviction.
With the warrant of eviction you then go to the sheriff who will evict the Tenant. The sheriff will go to the premises after they receive the warrant of eviction with payment. Typically the sheriff requires additional moneys after the first payment that is made by the landlord. The sheriff will be the one to evict the tenant by taking all of their possessions and putting them out on the curb.
We represent landlords and tenants in evictions, security-deposit disputes, tenant tax rebates, unlawful detainers, unlawful evictions, penalty defense, Section 8 matters, etc.
Termination of Licensee
A license to terminate a licensee proceeding is used when there are no financial transactions between the landlord and tenant. A ten-day notice is given to the licensee (in this situation the tenant is called a licensee) after the 10 days have passed, eviction documents are served on the licensee terminating their license to stay in the premises. The license to stay in the premises that the landlord is seeking to have the person removed is established by way of operation of the law because the person for one reason or another is staying in the premises without money being transacted.
Squatter proceeding-this has become more regular over the years then in the past. This is essentially when someone moves into someone’s property without their permission. This often happens when somebody has another property and is living somewhere else or relocates and leaves the house abandoned or is in the hospital or nursing home. In these type of proceedings the squatter is given a ten-day notice and then served with eviction proceeding documents to appear in court.
Procedures in Court
Once we appear in court in any of the above proceedings the goal for the landlord is to get their property back as soon as possible. The court directs the landlord and tenant and their counsel to go into the hallway to speak to try to work out an agreement. Oftentimes these cases are settled with a stipulation whereby the parties agree for the tenant to vacate the premises by a certain date. If the tenant does not vacate the property by a certain date then they would be in violation of the agreement and you do not have to go back to court, documents are filed with the court if the tenant does not move out as agreed upon in the stipulation. Then the sheriff will ultimately evict the tenant. A warrant of eviction will be signed and issued by the court if the tenant does not comply with the agreement or defaults in not showing up at court. Then the sheriff will receive the warrant of eviction. The landlord will be responsible for paying these additional costs for the sheriff fees which could be significant. The first payment for the sheriff will be from their facility to the property. The sheriff will then ask for additional fees to execute the eviction depending on what they believe is involved with removing the property from the home.
Contact a skilled Nassau County landlord / Tenant attorney at The Law Office of Shawn R. Kassman, Esq., with offices in Central Islip and Holtsville NY. Call us at (toll free:+1 888 545 2944 ) or fill out our online intake form. We are available 24 hours a day, 7 days a week and represent clients located in Central Islip (main office location), Holtsville (office location), Bayshore, Brentwood, Oakdale, Sayville, Port Jefferson and Riverhead and both Suffolk and Nassau counties.
We also serve clients in the following areas:
Asharoken, Huntington, Huntington Bay, Brookhaven, Babylon, Bayshore, blue point, Bohemia, Baywood, Oakdale, Centereach, Centerport, Dix Hills, East Northport, East Islip, East Moriches, East Patchogue, East Setauket, East Shoreham, Eastport, Eatons Neck, Farmingville, Gordon Heights, Great River, Greenlawn, Hagerman, Hauppauge, Halesite, Holbrook, Holtsville, Islip, Islip Terrace, Islandia, Huntington station, Huntington, Melville, South Huntington, West Hills, mastic, cold Spring Harbor, Commack, Northport, Coram, Deer Park, Lake Grove, Manorville, Lindenhurst,, including Smithtown, Huntington, Brookhaven, Babylon, Bayshore, Islip, Amityville, Bayport, Bellport, Blue Point, Bohemia, Brentwood, Center Moriches, Centereach, Centerport, Central Islip, Cold Spring Harbor, Commack, Copiague, Coram, Deer Park, East Northport, East Setauket, Farmingdale, Farmingville, Greenlawn, Hauppauge, Holbrook, Holtsville, Huntington Station, Kings Park, Ronkonkoma, Lake Ronkonkoma, Lindenhurst, Lloyd Harbor, Manorville, Mastic, Mastic Beach, Medford, Melville, Middle Island, Miller Place, Moriches, Mt. Sinai, Nesconset, Northport, North Babylon, Patchogue, Port Jefferson, Port Jefferson Station, Ridge, Riverhead, Rocky Point, Ronkonkoma, St. James, Sayville, Selden, Setauket, Shirley, Shoreham, Sound Beach, Southold, Stony Brook, Wading River, West Sayville, West Islip, Woodbury, Wyandanch, Yaphank, Syosset, Jericho, Massapequa, Plainview, Brooklyn, Queens, Westchester, Staten Island, Orange County, and Manhattan.