East Islip Eviction Lawyer
Helping You Protect Your Rights As Landlords And Tenants
Landlord-tenant laws govern the rental of commercial and residential property, including the preparation of leases and evictions. In New York State, the eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A tenant cannot be forcibly removed by an owner or by illegal means. A tenant who faces eviction may defend their rights by getting in touch with an East Iislip eviction lawyer.
The lawyers at Donato Law have helped hundreds of people in East Islip deal with the incredibly unfortunate scenario of defending an eviction. Whether you are a landlord or a tenant, it is essential to understand the basics of the New York landlord-tenant laws with the help of our credible East Islip & Suffolk County landlord-tenant lawyer. Contact us today to know your legal options.
Why Do I Need An Eviction Lawyer In New York?
Removing an individual from their home is no small matter. There are various court proceedings to remove a tenant. Evicting is quite a technical process. The petition to evict a tenant will be rejected if the paperwork is incomplete or the process is not followed correctly, and you will have to refile and start over.
With this, having a skilled East Islip eviction lawyer on your side is an advantage. Our legal team at Donato Law can help you with the following:
- Pay special attention to helping customers understand the nuances of the legislation that apply to both commercial and residential landlords and tenants.
- Represent both landlords and tenants in a variety of disputes, and foreseeing the defenses and strategies used by the opposite side in every situation.
- Review and create every document to ensure that you understand what you’re signing and that it is tailored to your needs.
- Offer legal counsel to assist you in deciding how to handle lawsuits or lease problems, and advocate for you in court proceedings to try to reach an amicable resolution.
Our law office stands up for the rights of our clients. We protect the rights of landlords and tenants to make sure that they aren’t taken advantage of by the other party involved and that they have every opportunity to meet the state’s regulatory standards. Schedule a free consultation with our New York landlord-tenant lawyers now!
What Are The Laws That Every New York Landlord And Tenant Needs To Know?
Here’s an overview of Landlord-Tenant Laws in New York.
Required Landlord Disclosures in New York
Under New York law, landlords must disclose specific information on deposits to tenants. Many states require landlords to disclose:
- Details about security deposits (for example, how the landlord will hold it, whether it will earn interest, and how long the landlord has to return it after the tenancy ends)
- Whether the landlord will charge nonrefundable fees (refundable fees, such as cleaning fees, aren’t permitted in all states)
- Existing damages to the rental property (perhaps by providing tenants with a move-in checklist)
- Tenants’ rights to be present at a move-out inspection of the rental property
- Details on landlord-tenant law, such as local rent control rules
- Information about registered sexual offender databases
- shared utility arrangements – for example, if a tenant pays a portion of a master metered utility
- Details on installation and maintenance of smoke and carbon monoxide detectors and alarms
- Location of a former federal or state military ordnance within a certain distance of the rental
- Presence of environmental and health hazards, such as lead-based paint (also a federal disclosure requirement), mold, radon, and bed bugs
- The identity of the landlord and the person authorized to receive legal papers and manage the premises, such as a property manager
- Recent flooding in the rental unit (or location in a flood zone)
- Smoking policy
- The presence of a methamphetamine laboratory at the rental prior to the tenant’s occupancy
- Outstanding building inspection or condemnation orders or housing code violations, and
- Rights of domestic violence victims.
Small Claims Lawsuits in New York
Depending on the state, tenants may file claims against landlords in the district court in Nassau and Suffolk counties, the justice court in rural regions, and the Small Claims Part of the civil court (in cities, including New York City). Tenants may file lawsuits in New York Small Claims Court for up to $5,000 or in town and village justice courts for up to $3,000.
New York Security Deposit Limit and Return
According to New York state law, a landlord may only request a security deposit equal to one month’s worth of rent. It does, however, place further limitations on deposits and restrict when they must be returned (14 days).
New York Rent Control and Other Rent Rules
State laws regulate several rent-related issues, including rent control and stabilization and how much time (three days in New York) a tenant has to pay overdue rent or move before a landlord can file for eviction
Tenant Rights to Withhold Rent in New York
In the event that a landlord neglects to make necessary repairs, such as replacing a broken furnace, tenants may withhold rent or use the right to “repair and deduct.”
Ordinances governing rent control frequently demand further disclosures, such as the name and location of the government body or elected board in charge of its enforcement. Some localities mandate certain disclosures. For instance, New York City mandates that landlords tell tenants the history of bed bugs in the building and the rental unit over the previous year.
What Is The Eviction Process In New York?
In New York, a landlord has a wide range of grounds for evicting a tenant. However, the landlord must first end the tenancy in order for the eviction to take place. When the landlord provides the tenant with written notice as required by state or local law, this occurs. The landlord may then take legal action to evict the tenant if they do not abide by the notice.
You can evict a tenant in three possible ways such as:
- Holdover Proceedings
- Nonpayment Proceedings
- Termination of Licensee
When a landlord wants to evict a tenant from the property after the lease expires or to evict a renter under a monthly arrangement, a holdover proceeding takes place. The landlord is required to provide the tenant with a 30-day notice to leave the property. You cannot collect rent due for the following months after the renter receives the 30-day notice. After the 30-day period has passed, the landlord must still serve the eviction papers in order to remove the tenant.
When a tenant does not fulfill their rent commitment monthly, the landlord may initiate a nonpayment procedure. The tenant receives documents requiring them to show in court on a particular day. Eviction proceedings paperwork will be created by the landlord’s attorney.
The lawyer will specify the court appearance date in this form. The documents must be served to the tenant no later than five days before the court date and no later than 12 days prior to the court date. The court will allow the tenant to remain in the property if they appear in court with the money that is outstanding.
Nonpayment Proceeding and Holdover Proceeding Discussion
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 manage to come to an understanding, a stipulation containing the parameters of the agreement is submitted to the court.
If the parties are unable to reach an agreement, a hearing is held during which the court hears testimony from both the landlord and the renter. After that, the judge will decide who is at fault. Your ultimate objective, if you are the landlord in either the holdover process or the nonpayment proceeding, is to get an eviction warrant. With the warrant of eviction, the sheriff can evict the tenant.
Termination of Licensee
When there are no financial exchanges between the landlord and renter, a license to terminate a licensee proceeding is used. The renter is referred to in this context as the licensee. After receiving a ten-day notice, the licensee is issued with eviction papers ending their permission to occupy the property.
Our East Islip eviction attorney for landlords and tenants represents individuals with honesty, loyalty, and integrity. Talk to us today to discuss your legal issues.
Call Our Experienced East Islip Eviction Lawyer, Now!
Since the eviction process is complex, it is highly recommended that you seek the advice of our East Islip eviction lawyer as soon as possible. Before a court issues you a money judgment for the unpaid rent and a warrant of eviction to evict your defaulting tenant, there are strict procedures that must be followed.
Our New York eviction attorney for landlords and tenants is ready to provide the skill, insight, and personalized legal service that you deserve. Whether you are a landlord or a tenant, Donato Law is here to help you. We can help you know and fight for your rights and obligations as a landlord or a tenant under New York state law.
If you’ve got legal concerns related to landlord-tenant law, real estate law, family law, divorce, estate planning, and probate law, contact us now and schedule an initial consultation. Our law firm serves clients in East Islip, Suffolk County, and more areas in New York.
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