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Landlord Tenant Law, Long Island, NY

Both tenants and landlords should be aware of the thirty day notice rule in Nassau and Suffolk Counties with respect to holdover proceedings. This is the type of proceeding that is necessary when you wish to evict the tenant, even if rent is current, or the tenant is willing to bring the rent current in court. If there is a Lease, and the rent is current, you will need to prove some other breach of the Lease. In a holdover proceeding, a landlord must first give a thirty day notice to evict stating the grounds for removal. This notice must be served before the 1st of the month in order to give someone notice that they are to leave by the end of that month.  If a notice were served after the first of any given month, it must specify the last day of the following month as the date for the tenant to vacate (be careful if there are 31 days in the following month – the 31st day must be specified). Â

If the tenant does not vacate, there are no self-help remedies. A landlord must then bring a summary proceeding with the landlord tenant court in the jurisdiction of the property. Remember to make an indication of when the thirty day notice was served, and attach an Affidavit of Service to a copy of the Thirty Day Notice, which needs to be brought to court. The Thirty Day Notice should be referenced in the Petition, including the date and manner of service, and the best practice would be to attach the Thirty Day Notice and Affidavit of Service to the Petition. Otherwise, the Petition may be dismissed based on a jurisdictional defect.

If a Petition is brought against a tenant for non-payment of rent, and there is a Lease, then the Lease must be consulted to determine if there are any notice requirements, and the manner of service. It would be a good idea to attach the notice and affidavit of service to the Petition.

If a landlord wishes to obtain a Judgment for past due rent on default, in case the tenant does not appear in court, then the tenant must be served personally with the petition. I have also seen at least one judge allow three attempts in giving a Judgment.  Otherwise, the only remedy will be for a warrant of eviction, without a stay, but no money judgment.Â

Cynthia M. Burke,

Categories: Real Estate Law