Landlord & Tenant

Mitchell’s Answer: UPDATED In Nassau County, you may not be physically removed from your residence until at least 14 days after the Sheriff has served a NOTICE OF EVICTION.  The process by which the Landlord must first obtain a judgment of possession and warrant of eviction requires that you be served with a Notice to Terminate at least 30 days’ prior to the Landlord commencing the eviction proceeding.

Mitchell’s Answer:  UPDATED A landlord may not demand rent or commence an eviction proceeding for non-payment until the fifth day after payment is due.  You are entitled to at least 30 days’ notice to terminate a month-to-month tenancy. The landlord may evict you even if you are paying on time, and may refuse payment to avoid creating a new thirty days’ term.

Mitchell’s Answer: UPDATED A security deposit is your money to be held in escrow by the landlord to protect against damages. It is NOT the landlord’s money and must be maintained in a segregated account. If there is no written lease, you have the option of terminating the lease and vacating on 30 days’ notice, if you do not wish to make a deposit. A residential landlord may demand up to one months’ security deposit, whether the lease is written or oral.

Q: I’m a Landlord in Nassau County, NY. The Tenants are in arrears and the lease has expired. How long will it take to evict?

Mitchell’s Answer: In Nassau and Suffolk Counties, the motto is, “You don’t pay, you don’t stay!” However, the process will take a few months and may even be prolonged by an experienced lawyer which could allow you time to find a new job and for the cold weather to pass.

Mitchell’s Answer: UPDATED You can expect the Sheriff and a moving truck after 14 days. It may be slightly longer, but don’t count on it!

Mitchell’s Answer: For each month which you pay the rent on time and your landlord accepts the payment, you have the right to stay until the end of that month. In order to evict you, the Landlord must serve a 30 days’ notice informing you of the termination date.

Mitchell’s Answer: UPDATED You must receive thirty days’ notice of a planned rent increase, up to 5%.  However, the landlord may increase by an additional 5% each month.

Mitchell’s Answer: UPDATED You may be evicted by a new owner. You are entitled to a 90 day notice by the lender, pre-foreclosure, followed by a 30/60/90 day notice from the Purchaser of the property.

Mitchell’s Answer: UPDATED In Nassau County, the Sheriff must serve a 14 days’ notice to vacate before you may be physically removed from the premises.

Mitchell’s Answer: Upon completion of the initial lease term, the tenancy may continue on a month to month basis, with the remainder of the lease in effect. So, the answer to your question is that the lease is still binding AND you are considered a month to tenant.

Mitchell’s Answer: UPDATED The landlord will have to prove that the notice was adequate and that delivery (service) was proper. If you have resided in the premises for more than one year, you are entitled to a notice of sixty days, and if you have been in possession for more than two years, the notice requirement is 90 days.  There are several aspects of both the Notice of Petition and the Petition which, if prepared improperly, could present a defect and could require that the action be re-commenced. However, if the lease has been properly terminated, you will eventually be evicted.

Mitchell’s Answer: UPDATED No, you do not need to have the rent demand letter notarized. You must, however, provide proof of proper service of the 14 days’ rent demand, served once the tenant was at least five days’ in arrears.  The affidavit of service must be notarized.