About the Eviction Process in Bellmore
Many homeowners in Bellmore will decide to become landlords and rent out a part of their home to tenants for some additional income. When this happens, it is inevitable that one day the landlord will have to take the appropriate steps to evict the tenant from that Bellmore apartment. Here is a brief summary of the process to evict a tenant.
The landlord will have to serve the tenant with any notices required by law or required by the terms of the written lease, if there is one. The tent must be served with these notices at the Bellmore apartment in accordance with therequirements of Article 7 of the Real Property Actions and Proceedings Law. Once the appropriate notices are served, the landlord must then draft and file a notice of petition and petition with the Nassau County District Court, located at 99 Main Street in Hempstead, New York. The petition must be for either a hold-over proceeding or a non-payment proceeding, depending on the type of eviction action the landlord would like to bring. Once filed, the landlord must again serve the tenant at the Bellmore apartment with a copy of the notice of petition with petition.
On the first court date, which will be assigned by the Court, both the landlord and the tenant will appear in Room 280 of the Courthouse at 9:30 a.m. The judge will require the landlord and tenant to discuss the case to try to settle it. If the parties cannot agree to settle the case, the judge will conference the issues with the attorneys for both parties to facilitate a settlement. If the landlord and tenant still cannot agree to settle, the Court will schedule a trial.Parties who are not represented by attorneys may be required to conference the case with a mediator before scheduling a trial.
At the trial, the landlord will be required to prove that he or she is legally entitled to evict the tenant from the apartment in Bellmore. The tenant will have the opportunity to establish any affirmative defenses he or she may have to the eviction, provided they were first raised in a written answer. If the landlord prevails at trial, he or shewill be asked to submit a request for a landlord-tenant judgment, which awards the landlord possession of the premises and any back rent granted by the judge, to the court clerk. Once the judgment and warrant are signed, the landlord must then take them to the Nassau County Sheriff’s Department’s Mineola Office. The Sheriff will then send a deputy to the Bellmore apartment to serve your tenant with a 72-hour notice to vacate the premises. If your tenant fails to vacate the premises within 72 hours, the Sheriff’s Department will then return and physically remove your tenant and all of your tenant’s property from the Bellmore apartment.
The hamlet of Bellmore is located in Nassau County, on Long Island, New York and has over 5,500 households. It was settled in the mid-1600s by Englishmen from Connecticut. Bellmore was originally a loose association of two communities and had no name. It remained nameless until 1867, when the Long Island Railroad decided to randomly name the station it built there, “Bellmore.” The residents adopted that name and it has been known as Bellmore ever since. Famous former Bellmore residents include comedian Lenny Bruce, former CIA Director William Casey, and Adam Lazzara, the singer for the band Taking Back Sunday.