Suffolk County Eviction Process

Eviction is the legal process by which a landlord can expel a resident or tenant from a property. Some of the most common reasons a landlord will evict a tenant are the failure to pay rent on time, harboring other people or pets at the residence that are not authorized by the lease agreement, or the tenant’s participation in illegal or criminal activity within the rental premises. Regardless of the reason for eviction, a landlord must follow a formal eviction process that varies based on the county in which the property is located.

Eviction is the legal process by which a landlord can expel a resident or tenant from a property. Some of the most common reasons a landlord will evict a tenant are the failure to pay rent on time, harboring other people or pets at the residence that are not authorized by the lease agreement, or the tenant’s participation in illegal or criminal activity within the rental premises. Regardless of the reason for eviction, a landlord must follow a formal eviction process that varies based on the county in which the property is located.

The two most common types of eviction are non-payment proceedings and holdover proceedings. A non-payment proceeding is an eviction action brought by a landlord after there is a default in the payment of rent, and the landlord demands that the tenant pays the amount due in rent or move out of the premises. A hold-over proceeding is an eviction action that seeks to remove a month-to-month tenant, or a tenant who occupies the property for a specific period of time, where the term of the tenant has expired and the tenant remains on the premises without permission. Hold-over proceedings may also be used to remove occupants from the property who are not tenants (i.e. squatters, licensees, those who possessed property under terms of employment that have expired, or those who were prior owners of a property that was sold in a foreclosure sale, etc.).

In Suffolk County, before a landlord can evict a tenant from the property, he or she must first notify the tenant that he or she is terminating the tenancy. A landlord will do this by filing a “Notice to Quit.” This document informs the tenant that the landlord wishes to terminate the tenancy.

The court in which the eviction action can be commenced is based on where the property is located. If the property is located in any of the five western towns of Suffolk County, the eviction action will be commenced in the Suffolk County District Court for the district covering the town in which the property is located.

If a tenant disregards the “Notice to Quit,” the landlord may then seek to secure a “Warrant to Remove” from the court. A “Warrant to Remove” is a court order, signed by a judge, that directs a tenant to remove all of their belongings from a property. After the tenant is issued a “Warrant to Remove,” an eviction action court hearing can be scheduled and a “Notice of Petition” can be served to the tenant. A “Notice of Petition” will provide the tenant with the time, date, and room number for the court appearance. If the tenant chooses to fight the eviction case, he or she must appear in court at the time and place indicated on the “Notice of Petition.”

If a judge rules in favor of the landlord at the court hearing, a “Warrant of Eviction” will be issued. The landlord must then provide the “Warrant of Eviction” to the Suffolk County Sheriff’s Office who will then enforce the judge’s order. The Sheriff’s Office will provide the tenant with 72 hours to vacate the dwelling (this does not include weekends or holidays.) If a tenant refuses to leave, they will be forcibly removed, along with their possessions.

There are many defenses a tenant can raise, including the “warrantee of habitability”, “constructive eviction”, an abatement of rent, improper service, or that there was a technical defect in the petition.

If you are a landlord and are looking to evict your tenant, or if you are a tenant who has a landlord who is violating your terms of your lease agreement or your right to live in suitable conditions, contact the dedicated landlord-tenant lawyers at McGuire & Peláez P.C. Our landlord-tenant dispute attorneys have more than 20 years experience representing both landlords and tenants in these matters. For more information or to schedule a consultation, call our Long Island landlord-tenant dispute law office at (631) 348-1702 or fill out our contact form.