Suffolk County, New York
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, 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 Town or Village 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.
In Suffolk County receiving a traffic ticket is not as simple as pleading guilty and paying a fine. Issuance of points can mean suspension of your license. Fines range into hundreds of dollars. It is in your best interest to hire an experienced attorney to represent you in traffic court.
New York State Department of Motor Vehicles will suspend your license subject to results of a revocation hearing when you obtain 11 points in an 18 month period. Talking or Texting while driving will result in a 5 point penalty. Speeding Tickets have point penalties ranging from 3 to 11 points. Receiving three speeding or unlicensed violations within an 18 month period will result in an automatic suspension of your license regardless of points accumulated.
Waiting to retain an attorney when your license is about to be suspended may prove to be too late to save your driving privileges. An attorney experienced in representing clients in traffic court may prove to be your best course of action after you receive a summons. As an experienced traffic court attorney I work to obtain the best possible outcome for clients.
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