Understanding the Eviction Process on Long Island: A Landlord’s Guide

Evicting a tenant on Long Island is not as simple as changing the locks or sending a warning. It is a complex process that involves multiple steps, strict timelines, and notice requirements. Whether you’re dealing with missed rent payments or lease violations, understanding how eviction works in Nassau and Suffolk counties is essential. This landlord guide provides an overview of the eviction process on Long Island, including legal grounds for eviction, required documentation, and timelines.

What Landlords Must Have Before Evicting a Tenant

1. ‘Good Cause’ Reason for Eviction

Under New York’s Good Cause Eviction Law, landlords must have a valid, legally acceptable reason to evict a tenant. Common grounds include:

• Failure to pay rent on time or in full after a specified time period 

• Remaining in the rental unit after the lease expiration or without the landlord’s permission

• Violation of the lease terms (e.g. illegal activity, unauthorized pets)

• Significant property damage

• Refusal to accept reasonable lease modifications

2. Eviction Proceeding

 On Long Island, a landlord can start one of two kinds of civil lawsuits to evict a tenant: a non-payment proceeding (or “non-pay”) and a hold-over proceeding. If your goal is to recover unpaid rent, you will need to initiate a non-pay proceeding. If your tenant has remained in the unit after their lease expired, you will file a holdover proceeding. In both cases, the landlord must file a petition and notice of petition with the local district court to begin the legal process.

3. Required Documentation

Before filing, it is paramount to gather a variety of relevant documentation to support your case. This includes written rental agreements, rent ledgers, and communication records from the tenant. Having clear, organized documentation will help your law firm better understand your situation, assess the validity of your evidence, and proceed with the lawsuit efficiently. 

4. Petition and Notice of Petition

 If a tenant fails to comply with the served eviction notices, you must file and serve your tenant a petition and a notice of petition with the appropriate district court. This must be done according to the New York Real Property Actions and Proceedings Law 735 by a licensed process server. The purpose of the petition and notice of petition is to outline your legal case and formally request the court’s involvement in removing the tenant.

5. Affidavits of Service

Affidavits of service are written statements signed under oath that serve as proof that the tenant was served notices. They clarify the time, date, and place that the party was served. A signed affidavit of service is required to prove that the documents were delivered promptly.

Eviction Notices and Timelines on Long Island

Landlords on Long Island must serve specific notices before initiating a court case. Under New York State Law, all written notices except for the Rent Reminder Notice must be served pursuant to RPAPL 735. Here is a summary of common notices and the required timelines.

• For a non-pay residential action

  • Rent Reminder Notice: A legally required courtesy notice that reminds a tenant that rent is overdue and gives it 5 days to pay it.

• For a non-pay action

  • 14 Day Rent Demand ("Pay Rent or Quit") notice: A formal notice that gives the tenant 14 days to pay the rent owed or alternatively to vacate the premises. It is served after a tenant has failed to pay rent after getting served a Rent Reminder Notice.

• For a hold-over based on violation 

  • “Cure or Quit” Notice: A "Cure or Quit" notice gives a tenant a chance to correct a lease violation within a set time frame, such as unauthorized pets or subletting without a landlord’s permission, before facing eviction. The timing is generally outlined in the lease.  

• For a hold-over based upon termination of lease

  • Time-Dependent Notices: If the tenant’s lease has ended or is being terminated, you must provide written notice to vacate based on the tenancy duration.

    • 30-Day Notice: If a tenant’s lease is a year or less or has resided in the premises for less than one year.

    • 60-Day Notice: If a tenant’s lease is at least a year and less than two years or has resided in the premises for more than one but less than two years. 

    • 90-Day Notice: If a tenant’s lease is two or more years or has resided in the premises for more than two years.

      
      

We hope that this article enhances your understanding of the eviction process in Nassau County and Suffolk County, legal requirements, and timelines. By understanding the eviction process on Long Island and working with an experienced attorney, you can protect your property and meet your legal needs as a landlord. 

Sources:

• Law Insider. “Affidavit of Service Definition”. [https://www.lawinsider.com/dictionary/affidavit-of-service]

• New York Courts. “Holdover Notices”. [https://nycourts.gov/courthelp/Homes/holdoverNotices.shtml]

• New York Courts. “Landlord’s Guide to Nonpayment Eviction Proceedings: For Courts Outside New York City”. [https://www.nycourts.gov/legacyPDFS/FORMS/landlordtenant/LandlordGuide-NonpaymentEviction.pdf]

• Witkon Law. "Common Landlord-Tenant Disputes in Long Island and How to Resolve Them."[https://witkonlaw.com/common-landlord-tenant-disputes-in-long-island-and-how-to-resolve-them/]

• Witkon Law. “Good Cause Eviction in Long Island: Key Facts for You”. [https://witkonlaw.com/understanding-good-cause-eviction-in-long-island-ny-what-tenants-and-landlords-need-to-know/]