Commack Landlord-Tenant Lawyer Suffolk County NY

Landlord / Tenant law governs the rental of commercial and residential property, including preparation of leases and evictions. The Law Office of Shawn R. Kassman Esq. handles all areas of landlord–tenant law in Suffolk County and throughout Long Island and New York including Hauppauge court also known as 4th District Court. There are various court proceedings to remove a tenant report completo.  It is not difficult to evict a tenant however it is very technical. If the paperwork is not done properly, or the procedure is not followed correctly the petition to evict a tenant will be dismissed and you will have to refile and start all over.   If you are a landlord and trying to represent yourself in attempting to evict a tenant yourself,  it can be very frustrating and VERY time consuming attempting to evict a tennant. At the law office of Shawn Kassman we are very proficient and knowledgeable in the procedures that are required to evict a tenant. The difficulties that an individual landlord will have with attempting to evict the tenant without legal counsel will be the procedures as well as the preparation of the paperwork. In most instances a landlord attempting to do an eviction on their own will encounter nothing but difficulties and oftentimes the paperwork/case will be dismissed. At the law office of Shawn Kassman we are very successful in getting tenants evicted. We are in court multiple times a week in landlord-tenant court representing the landlord’s as well as tenants.

At the law office of Shawn Kassman, Esq. P.C.we try to make this process of evicting a tenant as less complicated as possible when our services are retained. We prepare all of the paperwork and represent the landlord in court for a reasonable fee. We offer many options to retain our services including retaining over the phone, payment through the website, as well as scheduling an appointment to come into the office’s. All paperwork can be transacted through fax, e-mail or in person.

* if you own that property located in Commack or you are tenant that is living in a property that is located in Commack within the Township of Smithtown all landlord-tenant matters will be held at Hauppauge landlord-tenant court also known as Fourth (4th)  District Court.

Hauppauge Landlord-Tenant Court also known as 4th District Court is located at 725 Veterans Memorial Hwy., Hauppauge, NY 11787

Hauppauge Landlord-Tenant Court is usually held on Tuesdays for landlord-tenant cases. Typical cases that are usually held at Hauppauge court are for properties that are located within the town of Smithtown

At the law office of Shawn Kassman we regularly appear in Hauppauge Landlord-Tenant Court representing landlords and tenants.

 

Three Possible Ways A Landlord Can Evict a Tenant – Know Your Rights!

  • Holdover Proceedings
  • Nonpayment Proceedings
  • Termination of Licensee

Holdover Proceedings

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 Proceedings

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 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.

Once we have appeared in court we will get a warrant of eviction. This document is necessary to evict the tenant by way of the sheriff.

 

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.

Towns within Smithtown that are heard in Hauppauge Village Court include Head of the Harbor, Nissequogue,Commack, Fort Salonga, Hauppauge, Kings Park, Lake Ronkonkoma, Nesconset, Smithtown, St. James, North Smithtown, San Remo

We also serve clients in the following areas:
Huntington, Brookhaven, Babylon, Bayshore, blue point, Bohemia, Oakdale, Center Moriches, Centereach, Centerport, mastic, cold Spring Harbor, Commack, Northport, Coram, Deer Park, Hauppage, Islandia, Lake Grove, Manorville, Lindenhurst,, including Smithtown, Huntington, Brookhaven, Babylon, Bayshore, Islip, Amityville, Bayport, Bellport, Blue Point, Bohemia, Brentwood, Center Moriches, Centereach, Centerport, Central Islip, Cold Spring Harbor, Commack, Copiague, Coram, Deer Park, East Northport, East Setauket, Farmingdale, Farmingville, Greenlawn, Hauppauge, Holbrook, Holtsville, Huntington Station, Islandia, Kings Park, Lake Grove, Lake Ronkonkoma, Lindenhurst, Manorville, Mastic, Mastic Beach, Medford, Melville, Middle Island, Mt. Sinai, Nesconset, Northport, North Babylon, Patchogue, Port Jefferson, Port Jefferson Station, Ridge, Riverhead, Rocky Point, Ronkonkoma, St. James, Sayville, Selden, Setauket, Shirley, Shoreham, Sound Beach, Southold, Stony Brook, Wading River, West Sayville, West Islip, Woodbury, Wyandanch, Yaphank, Syosset, Jericho, Massapequa, Plainview, Brooklyn, Queens, Westchester, Staten Island, Orange County, and Manhattan.