Both a nonpayment and holdover eviction require notices served lawfully. In nonpayment actions a landlord must first serve the tenant with a notice demanding the rent. Nonpayment evictions minimally require a three-day rent demand; if the demand is not complied with once three days have elapsed the landlord may proceed with the eviction. Holdover Proceedings are more complicated than nonpayment actions, and hiring a lawyer is strongly recommended. A holdover eviction has more severe parameters and requires a full rental term to terminate. Once the term has expired the landlord may proceed with the eviction. Both methods require the petition, as well as a notice of petition, be filed with the court and formally served on the tenants. Additionally, affidavits of service must be filed with the Court as proof of service.
Only the Suffolk County Sheriff may evict a tenant, the use of any “self-help” methods (i.e. locking tenant out by changing locks or removing tenants belongings) by the landlord is against the law and may result in criminal prosecution.
Once the tenants are served and documents are filed with the Court, both parties must appear before the Judge. At this time the landlord and tenant will have to opportunity to stipulate to a settlement. If no settlement can be reached, the case will proceed to trial. The parties will have the opportunity to testify and present evidence before the Judge. The Judge will then rule to either dismiss the case or grant a Judgment of Possession & Warrant of Eviction, as well a money judgment. The Court will determine a definite date for the tenant to vacate the premises. If the tenant does not vacate by that date, the final step is to engage the Sheriff to evict. The Sheriff will serve the tenant with a seventy-two hour notice to vacate the premises. Should the tenant fail to comply, the Sheriff will physically evict the tenant.
To ensure an efficient and quick eviction process it is important to hire an attorney who is experienced with the process and will enforce your rights.
In Suffolk County foreclosures take years before a judgment in entered by the Suffolk County Supreme Court. While the foreclosure is pending homeowners have the right to request a loan modification through foreclosure settlement conferences. If attempts fail the lender will obtain a judgment of foreclosure and the right to sell the property at auction.
Once a property is sold at auction the homeowner loses all his former rights to possession. If the former owners or their former tenants are in possession of the property then it is the new owner's responsibility to evict them. Depending on the type of tenancy the occupants hold, predicate notice can be either for ten or ninety days. A notice to vacate must be served with the new deed prior to filing a holdover proceeding.
Eviction of former owners is an emotional process for the occupants and a technical procedure that is best handled by an attorney It is in your best interest to consult with an experienced attorney before making a decision in how to proceed.
In Suffolk County, evictions are summary proceedings. A summary proceeding can be a relatively quick process, however they are as legally complex as any other form of litigation. In the five western towns (Huntington, Babylon, Smithtown, Islip & Brookhaven), eviction proceedings are heard by the District Court. In the eastern towns they are heard in Justice Courts.
There are two distinct ways a landlord may evict a tenant in New York: nonpayment and holdover. It is important to use the precise method, as the Court will dismiss the case if the action filed is inappropriate.
Suffolk County, New York
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