Step 3: We will appear in court on your behalf on the date the petition is noticed to be heard.
If your tenant requests an adjournment, or if the Court adjourns your matter, we will fight to have your case heard as soon as possible, and we will appear at every court date at no additional charge to you. We will conference your case with your tenant and the judge, and if necessary, we will conduct a trial before the judge to receive a court order allowing for the physical removal of your tenant from the premises, as well as a money judgment, if applicable.
If a trial is necessary, the landlord, or someone with personal knowledge of the facts of the case may be required to appear in court and testify. As your evictions lawyer, we will guide you and prepare you in advance for your appearance, and we will advise you with particularity as to each step in the tenant eviction process.
Step 4: After your case is won, we will submit a proposed judgment and warrant of eviction to the court.
Once your trial is over, the judge will issue his or her decision. If you prevail, your Long Island lawyer will draft a proposed judgment (both for money, if awarded, and for possession) and a warrant of eviction on your behalf, and will submit them to the court with payment of the fee for a transcript of judgment. Drafting a proposed judgment and warrant of eviction, submitting them to the court, and paying the court’s fee for your transcript of judgment is included in our service.
You will need a transcript of judgment if you plan to enforce your judgment and have your warrant of eviction executed. Once submitted, we must then wait for the judge to approve and sign your judgment and warrant, and mail them to us. We will forward them to you with further instructions, typically the same day we receive it. This is the conclusion of the courtroom part of the eviction process.
Step 5: Physical removal of your Nassau County or Suffolk County tenant
Usually tenants who lose at trial vacate the premises shortly thereafter. They feel defeated, and know it’s time for them to move on. In some cases, tenants will still refuse to leave the premises, or simply have no other place to go, and you will have to contact the Nassau County or Suffolk County Sheriff’s Office to physically remove them. When you retain us as your Nassau County or Suffolk County tenant eviction lawyer, we will give you explicit instructions and guide you through your contact with the Sheriff’s office.
The first action the Sheriff will take will be to serve your tenants with a 14-day notice, advising them that they have 14 days to vacate the premises or they will be physically removed. If your tenants still have not vacated the premises at the expiration of the 14-day notice, the Sheriff will return sometime thereafter and physically remove your tenants and their belongings, and return possession back to you. If the tenant causes damage to the property in excess of any security deposit you may be holding, you can start a new court action to recover your losses.
As you can see, the eviction process in Nassau County and Suffolk County is complex, and there are strict requirements that must be followed before a court will grant you a money judgment for the back rent owed, and a warrant of eviction to physically remove your tenant. You need an experienced Long Island evictions lawyer on your side. We can help you right now.