To get started with a Landlord Tenant action, hire a landlord tenant lawyer. Nassau and Suffolk county courts will advise you to do so. We can handle every aspect of your case including all paperwork and petitions in the correct legal forms of your district’s court.
It is imperative that all legal negotiations between a landlord and tenant be held in a specific manner pertaining to detailed Landlord Tenant law; if proper procedures are not followed, a filed case is at risk of dismissal by the court. Our legal expertise will ensure that the process is followed efficiently and correctly. To find out more about how a landlord tenant lawyer can help your case, CALL US FOR FREE.
In Nassau and Suffolk counties, any lawsuit filed between a landlord and tenant is referred to as a Special Proceeding. The most common Landlord-Tenant lawsuits are holdover actions and nonpayment proceedings regarding the recovery of property to the landlord after a tenant violates a lease or rental contract:
Nonpayment – If a tenant fails to pay rent, payment plans need to be negotiated in order to avoid eviction. Upon winning a nonpayment proceeding, a landlord must file a proposed Judgment to the Nassau or Suffolk county court, specifying the amount of rent owed.
Holdover – An action can be filed if the tenant remains on the property past the rental or lease date of expiration. Upon winning a holdover action, a tenant must file a Judgment and Warrant to specify the rent owed and claim to the property.
Other Landlord/Tenant actions include:
Eviction – including post-foreclosure evictions
Notice to Cure/Quit – time to correct lease violation
Notice of Termination – deadline provided before eviction
Ordinance Violation – under town, village, or county regulations
While a party can file these actions on their own in their respective courts, a landlord should consult a landlord tenant lawyer (specifically one familiar with county court regulations) to be sure everything is filed correctly and prepared for the suit. Again, meeting all legal and technical requirements of a filing is a must in order to avoid early dismissal and the quickest avenue to redress.
Upon filing of your papers in court, you must pay the required fees in order to receive an index number and have your matter assigned to a judge. In Suffolk, each district has a different day of the week for hearings in a county court. In Nassau, you will be issued a court date. Upon being granted a court date, the landlord is required to give the tenant between 5 and 12 days notice before the assigned date to show up in court.
If a judge issues a warrant, the tenant must vacate that premises. If the tenant fails to do so, the landlord should call the police. The tenant will then have 72 hours before being removed by the sheriff.
To make sure you case is handled properly and effectively, hire an experienced Nassau or Suffolk county attorney familiar with the procedures. TO FIND OUT MORE, CALL US FOR FREE.