Landlord-Tenant Dispute on Long Island? Know Your Rights.

Evictions in Nassau District Court and Suffolk District Court typically take 2-6 months from filing to warrant of eviction, depending on the type of proceeding, court calendar, and whether the tenant raises defenses. Nonpayment proceedings are usually faster than holdover proceedings. The Housing Stability and Tenant Protection Act (HSTPA) of 2019 added significant procedural requirements that lengthened the process — including mandatory predicate notices, longer cure periods, and stricter pleading standards. Landlords who attempt to file evictions without proper predicate notices, accurate rent ledgers, and complete documentation often face dismissals that further delay the case.

A nonpayment proceeding is filed when a tenant has failed to pay rent and the landlord seeks both a money judgment for the unpaid rent and possession of the premises. The tenant can typically cure by paying the full amount owed before judgment. A holdover proceeding is filed when the tenant's right to possession has ended for a reason other than nonpayment — for example, expiration of the lease term, breach of a substantial lease obligation, or a nuisance tenancy. Holdover proceedings cannot be cured by paying rent and require different predicate notices. Choosing the wrong proceeding type, or drafting defective predicate notices, results in dismissals that significantly delay the case.

No. New York prohibits "self-help" evictions. A landlord cannot legally change locks, remove a tenant's belongings, shut off utilities, or otherwise force a tenant out of an apartment without first obtaining a warrant of eviction through a court proceeding. Tenants who experience unlawful lockouts can pursue claims for damages, injunctive relief restoring possession, and in some cases statutory penalties under New York law. Tenants in Nassau or Suffolk County who have been illegally locked out should contact an attorney immediately — the remedies available diminish over time.

The Housing Stability and Tenant Protection Act of 2019 (HSTPA) was a sweeping reform of New York landlord-tenant law that significantly expanded tenant protections. Key changes include longer notice periods before eviction, restrictions on security deposits to one month's rent maximum, prohibitions on certain late fees, expanded protections against eviction for low-income tenants, mandatory predicate notices with strict format requirements, and enhanced procedural protections in housing court. HSTPA also expanded rent stabilization protections and tightened restrictions on landlord conduct. Both landlords and tenants need to understand HSTPA's requirements — landlords risk dismissal of cases that fail to comply, and tenants may have defenses they don't realize they have.

Predicate notices are formal written notices that landlords must send to tenants before filing an eviction proceeding. The required notice depends on the type of proceeding: nonpayment cases require a 14-day rent demand notice; holdover cases require either a notice to cure (for breach of lease) followed by a notice of termination, or a notice of termination based on the lease type and length of tenancy. HSTPA imposed stricter content requirements, format requirements, and service requirements on predicate notices. Defective predicate notices are one of the most common reasons evictions are dismissed in Nassau District Court and Suffolk District Court.

A warrant of eviction is the court order that authorizes a marshal or sheriff to physically remove a tenant from the premises and restore possession to the landlord. The warrant is typically issued after the landlord obtains a final judgment of possession in housing court. In Nassau and Suffolk County, the warrant is executed by a marshal or sheriff after providing the tenant with a 14-day notice of eviction (the "marshal's notice"). The tenant has the option to vacate voluntarily during this period, or in limited circumstances may apply for a stay. Once the warrant is executed, the tenant's lease is permanently terminated.