If you have lived in a rental property in Suffolk County, NY for more than a year, but less than two, or you have a lease term of at least one year, but less than two, the landlord must give you 60 days' notice. If you have lived there for more than two years or have a lease term of at least two years, the landlord must give you 90 days' notice. Both the non-payment and the deferral of an eviction require that notifications be lawfully delivered. In non-payment actions, the landlord must first give the tenant a notice of not receiving the rent. In addition, evictions due to non-payment require at least a fourteen-day rental demand; if the demand is not met after fourteen days, the landlord can proceed with the eviction. Withholding procedures are more complicated than actions for non-payment, and hiring an attorney is strongly recommended.
A pending eviction has stricter parameters, and a tenancy termination notice may require several rental terms. Once the deadline has expired, the landlord can proceed with the eviction. Both methods require that the petition, as well as a notice of the petition, be filed with the court and the tenants formally notified. In addition, affidavits of surrender must be submitted to the Court as evidence of surrender. Only the Suffolk County Sheriff can evict a tenant; the landlord's use of any “self-help method” (i.e., preventing a tenant from entering by changing the locks or taking away their belongings) is illegal and may result in criminal prosecution.
Once the tenants are notified and the documents have been submitted to the court, both parties must appear before the judge. At this time, the landlord and tenant will have an opportunity to reach an agreement. If a settlement cannot be reached, the case will go to trial. The parties will have an opportunity to testify and present evidence before the judge. The judge will then decide to dismiss the case or issue a possession sentence, an eviction order, and a pecuniary sentence. The court will set a definitive date for the tenant to leave the premises.
If the tenant doesn't evict before that date, the last step is to hire the sheriff to evict him. The sheriff will notify the tenant fourteen days in advance to leave the premises. If the tenant does not meet these requirements, they will be physically evicted by law enforcement. To ensure a quick and efficient eviction process in Suffolk County, it is important to hire an attorney who is experienced in this process and who will assert your rights. Before a landlord can evict a tenant from their property in Suffolk County, they must first notify them by submitting a “notice of resignation” document informing them that their lease is being terminated. If your property is located in any of five cities in western Suffolk County, your eviction action will be brought in Suffolk County District Court of that district encompassing that city.
The landlord must then deliver an “eviction order” to Suffolk County Sheriff's Office who will then enforce that judge's order. Once you receive an eviction order (you must request it and you will receive it by mail), you must file it with Suffolk County Sheriff. However, if you receive notification from Suffolk County that your landlord hasn't paid property taxes and your property isn't certified now that you just placed it in your mailbox along with other tenants and Jane and John Doe said it was going to be taken on October 31st - don't worry! Foreclosures take years before Suffolk County Supreme Court issues its ruling. Eviction proceedings can be complex and time-consuming; however, understanding how much notice your landlord has to give you before they can move out is essential for protecting your rights as a tenant in Suffolk County. Knowing what steps need to be taken during each stage of this process can help ensure that your rights are respected throughout.
