Facts About New York Landlord Tenant Law

 money owed as well as entitlement to the
Facts About New York Landlord Tenant Lawapartment.
In New York, Landlord Tenant actions are typicallyHow do you fill out Landlord Tenant Forms on Your
lawsuits to recover possession of real propertyOwn?
pursuant to New York State's Real Property Law andIf you bring an eviction proceeding without an
Rules.attorney, you will be the person responsible for
General types of New York Landlord Tenantpreparing your petition in accordance with the law
proceedings:without any assistance from the court. You are
Special actions to recoverpossession of a rentedresponsible for finding and filling out the appropriate
apartment or house are the most ordinary Landlordpetition, but there are several New York lawyers
and Tenant proceedings brought in Nassau Districtthat give free landlord tenant advice to landlords in
Court and Suffolk District Court. The two mostneed and will be happy to help you.
common types of summary proceedings are:As a reminder, all petitions submitted to the court
Holdover Actions - This type of action is initiatedmust be drafted using black ink, and payment of the
when a tenant remains in a home or apartment afterfiling fee is necessary beforehand to purchase an
their lease expires, and against the will of theindex number. The court will review your petition and
property owner.notice and sign them if they conform with court rules.
Non-Payment Proceedings - Non-PaymentThe court will assign a court date for you and your
Proceedings are brought when the tenant stopsrenter to hold a trial, and you will have to find and
paying their rent and the property owner or managerpay for a process server to serve all papers on your
makes a demand that the tenant pay the rent ortenant within a certain time.
leave the premises.You are usually required to give tenants at least five
New York City, Nassau and Suffolk eviction actionsdays, but not more than twelve days notice to
are specialized, and procedural rules should beappear for trial. If all court papers are handed directly
stringently followed, or your case may be dismissedto the renters, then you have five days from the
by the court.actual date of service. If the petition is served on the
Do I need an Attorney to initiate a Landlord Tenantrenters by any other type of personal service, the 5
Action?days are counted from the date the petition was
Proceedings to recover real property as well as backfiled with the court along with proof of service. A
rent and money for damages involve specialized legalcopy of the papers must be served by someone
expertise. When evicting someone, New York,who is eighteen or older, and who is not a party to
Nassau and Suffolk courts all unreservedly advocatethe eviction proceeding. Proof of service must be
to landlords that they retain a lawyer. This is becausefiled with the clerk within 3 days of service.
if you proceed as a landlord in an eviction proceedingThere may be specific legal prerequisites before you
in New York without a lawyer, you will be responsiblecan bring an eviction proceeding to recover real
for preparing your papers in accordance with courtproperty (such as a 30 day notice). You should
requirements without any assistance. Each court hasconsult with an attorney that specializes in New York
strict rules when it comes to filing an eviction petition,Evictions as soon as possible to make sure you have
and often itigants without a lawyer have their casesatisfied all of the legal requirements imposed on you
irrevocably dismissed because they fail to abide byas a landlord. This information serves only to assist
the specialized and procedural rules established byyou in learning more about eviction proceedings. It is
each court.up to you to establish that you have a right to
What Forms do I Need to Start a Landlord Tenantrecover rent or property from your tenant at trial in
Action?front of a judge. (As a reminder, court employees
For Non-Payment actions, you have to draft, file andare prohibited from giving you any advice as to how
serve a petition and a Notice of Petition. Manyto fill out forms or when to file paperwork, so if you
landlord tenant legal forms are available on thechoose not to hire an attorney, it will be up to you
internet. We recommend forms by the Legalto figure everything out, and to present your case in
Protection Plan of New York. They are gearedcourt).
exclusively for New York State residents. OneNew York State eviction proceedings require a deep
caveat is to be certain that the legal documents youunderstanding of the law and rules of each court.
select on the internet are specifically drafted for NewMost Courts, including Nassau and Suffolk County,
York State courts, as a generic petition that fails tosuggest that you at least consult with a New York
conform to your County's specific court requirementslandlord tenant before proceeding as a
will be discontinued. Forms written for courts otherself-represented litigant.
than the district you are filing in will most likely beWhat Happens at the Conclusion of My Eviction
dismissed by the court.Proceeding?
For holdover proceedings, you have to draft, file andAn eviction proceeding concludes with a judgment,
serve a Petition and Notice of Petition that containswhich is a prerequisite for issuing a warrant of
particularized holdover nomenclature.eviction. Once a warrant is issued by the judge, if the
What Happens When You Win in Court?tenant remains on the premises, you can contact
For Non-Payment proceedings, you have to draft andyour County's enforcement officer (the Suffolk or
file with your County's Court a proposed Judgment,Nassau County Sheriff, or Marshall if within NYC) who
and proposed Warrant, detailing the amount of backwill give at least 72 hours notice in writing to the
rent due. For holdover actions, you have to draft andloosing tenant before they will physically remove
submit a Judgment and Warrant explaining anythem from the property.