Laws Standards and Codes - Suffolk County, New York For other kinds of evictions, or if the available forms are not for you, a NOTICE OF PETITION and PETITION would need to be drafted by an attorney. New York Rules Regarding Mold in Rental Properties | Nolo Be sure to get your landlords address and phone number. The appropriate way to object is to say objection. The Judge may then ask the basis for the objection. After the inspection, the law requires the landlord to give you an itemized list of all needed repairs and/or cleaning. December 2019 rent). New York residents are under an order by the state to remain in their homes. Whether your lease says so or not, your landlord must make sure that your rental space is safe and livable: If you live in an apartment building with three or more apartments your landlord has special responsibilities in making your apartment a safe and comfortable place for you to live: You are responsible for paying your rent on time. The lease cannot be changed while it is in effect unless both you and your landlord agree, in writing. In the event that your landlord sues you for nonpayment of rent, and the judge determines that the withholding of the rent was not reasonable, you will have to pay that money at that time in order to avoid being evicted. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. The important thing to remember is that you have a legal contract with your landlord, even if it is not in writing. Landlord & Tenant FAQ's (housing, evictions), Post-judgment FAQ's (collecting, enforcing, vacating), How to request a stay of eviction or vacate a default L&T judgment (DC-420), Nassau County District Court L&T Forms and Guides for Landlords and Tenants, Tenant Questions & Answers: Nonpayment Eviction Cases in New York State, Tenant Questions & Answers: Holdover Eviction Cases in New York State, Article 7 of the Real Property Actions and Proceeding Law (RPAPL) summary proceedings to recover possession of real property, T-1407 NOTICE OF PETITION & T-1406 NON-PAYMENT PETITION, DIY INTERVIEW & FORMS: Small Property Owner Nonpayment Petition Program, Small Property Owner Licensee Holdover Petition Program, Small Property Owner Squatter Holdover Petition Program, T-1411 NOTICE OF PETITION & T-1410 HOLDOVER PETITION, setting a court date in order to ensure that Court will be in session, request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT, NYS Attorney General's Tenants' Rights Guide, New York Real Property Actions & Proceedings Article 7-A - (769 - 783), Suffolk County Bar Association for a free or low-fee consult, Order to Show Cause and supporting affidavit forms and instructions DC-420, DIY INTERVIEW & FORMS: Tenant Vacate Default Judgment Program, the PETITION and NOTICE OF PETITION generated by the, the original or certified copy of the deed to the building, the lease or written agreement for the party you are suing, if there is one, certified copies of registration statements (like the town's rent registration, or a multiple dwelling registration statement), any other documents that are relevant to the claims you are making, witnesses (like a superintendent, manager, or mechanic who can testify as to attempts to gain access and/or attempts to repair conditions, if conditions are an issue), rent receipts, checks or other proof of rent payments, the lease or written agreement for the apartment, if you have one, photographs of any conditions you are claiming, heat charts, if heat is an issue and you kept a record, receipts or bills for any money you claim you spent, any other documents that are relevant to your defense or to the claims you are making, witnesses (like a friend or neighbor who has seen a condition complained of, if conditions are an issue), A tenant may bring a special proceeding in L&T Court to recover possession of premises from which he or she has been forcibly put out or kept out (, a good reason for not appearing in Court, AND. Suffolk County, NY Landlord And Tenant Law Firms. (It may be worthwhile to negotiate a rent increase you can afford with the landlord.). To qualify as a small claim, the amount cannot exceed $3,000 if filed in a Town or Village Court, and $5,000 if filed in a City or District Court. Call us at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. Can I evict my son / girlfriend / roommate? If you believe that a landlord has discriminated against you for this or any other reason, you can complain and file a grievance with the Suffolk County Human Rights Commission at 631-853-5480. Security deposits protect the landlord in case there is damage to the property. Proceedings to recover real property require knowledge of the law and familiarity with local rules and practices. Suffolk County Landlord Tenant Lawyers - Cornell University If the landlord doesnt keep his word or doesnt take care of the repairs quickly, send the landlord a letter, asking him to make the repairs. (Call the NY Public Interest Research Group NYPIRG for information on Small Claims at 516-222-0086). If a valid rental agreement exists, New York law (NY Real Property Law Sec. Free Consultation. Rent withholding is a very serious step to take. In New York, repairs must be made within a reasonable time (usually under 30 days) after getting written notice from tenants. You will need your index number to find the case on the calendar. Check availability now! Whatever the issue or concern, we can help. Landlords are required to make necessary repairs in a timely manner. Descargue GRATIS la Gua de Vivienda Justa, Long Island celebra el 50 aniversario de la Ley de Vivienda Justa, New York State Attorney Generals Guide to Changes in Rent Law, New York State Attorney Generals Tenants Rights guidebook in 7 languages, Guidance to Law Enforcement on Illegal Lockouts, LIHS Tenant rights in foreclosed properties, Inquilinos en Bienes Adjudicados: Lo Que usted Debe Saber-Espaol. New York eviction law firm. Periodically, the forms will be updated, so please check back periodically. If you qualify, the Department of Social Services may assist you with your security deposit. If the tenant/respondent is in default, a non-military affidavit will be required.