Suffolk County and Long Island Landlord / Tenant Attorney
Landlord / Tenant law governs the rental of commercial and residential property. The Law Office of Shawn R. Kassman Esq. handles all areas of landlord–tenant law in Suffolk County, including preparation of leases and evictions. There are two 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
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 real estate 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.
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 631-232-9479 (toll-free 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.