New York Landlord Tenant Law & Evictions

Information on New York Landlord Tenant Evictions

Landlord Tenant actions in New York ordinarily consist of suits to regain possession of real property pursuant to New York State's Real Property Law and Rules. Most landlords retain a Long Island evictions lawyer to handle the removal of their tenant for them. But you can educate yourself on the laws and procedures and try to evict your tenant on your own.

Similar types of New York Landlord Tenant proceedings:

Lawsuits to regain possession of a premises are the most usual Landlord and Tenant actions brought in Nassau District Court and Suffolk District Court. The two most ordinary types of proceedings are:

Holdover Actions - initiated when a tenant remains in a rented premises after the lease expires, against the will of the landlord.

Non-Payment Proceedings - brought when the renter stops giving their rent and the landlord makes a demand that the renter pay the rent or leave the property.

New York landlord tenant actions are specialized, and procedural rules have to be followed closely, or your case will be discontinued by the court.

Do I require a Lawyer to start an Eviction Proceeding?

Proceedings to evict your tenant and secure a judgment for back rent requires specialized legal knowledge. New York courts actively recommend that all landlords retain an attorney. This is because if you proceed as a landlord in an eviction proceeding in New York without a lawyer, you will be responsible for preparing your petition in accordance with court requirements without any assistance. New York City, Nassau and Suffolk Courts each have distinct and rigid rules to filing a landlord tenant action, and often pro se litigants have their case discontinued because they fail to follow the specialized rules established by each court.

What Forms do I Need to Evict My Tenant?

For Non-Payment proceedings, you have to draft, file and serve a petition and a Notice of Petition. One caution is to make sure that the legal documents you select on the internet are specifically written for New York State courts, as a generic petition that fails to adapt to your County's particular court requirements will be dismissed. Using a form drafted by a generic forms company that was drafted for a court other than yours will often result in dismissal of your case, as each district court has its own specialized rules and requirements.

For a specialized proceeding known as a holdover proceeding, you have to draft, file and serve a Petition and Notice of Petition that contains supplementary holdover language.

How do You Get a Judgment and Warrant After You Have Won?

For Non-Payment proceedings, you have to submit to the judge a proposed Judgment and proposed Warrant explaining the amount of rent still owing. For holdover actions, you have to give to the Court a proposed Judgment and Warrant detailing any money outstanding, as well as entitlement to the apartment.

Is Any Assistance Available to Help Me Fill Out a Landlord Tenant Petition?

If you begin eviction proceedings without an attorney, you are the person responsible for drafting your own petition in accordance with the law without any assistance from the court. You are responsible for finding and filling out the appropriate petition, but you can easily find a Long Island law firm that would be willing to give free advice and would be happy to help you.

Forms submitted to the court must be completed using black ink only, and payment of the filing fee is necessary to purchase an index number. The county court clerk will review your petition and notice for conformity with all laws and rules, and will sign them only if they are correct. You will then be assigned a court date by the clerk, and you will be responsible for locating and paying for a process server to serve all papers.

You usually have to give your tenant at least five days, but no more than 12 days notice to appear for trial. If all court papers are served directly on the tenants, then you have five days from the actual date of service. If the petition is served on your tenant by any other type of personal service, the five days are counted from the date the petition was filed with the court along with proof of service. A copy of the petition must be served by someone over the age of 18, who is not a party to the action. Proof of service must be filed with the court within 3 days of completing service.

There may be specific legal duties incurred on the landlord that must be fulfilled before you can bring an eviction proceeding (such as service of a 30 day notice). You should speak with an attorney that specializes in New York Evictions as soon as possible to make sure you have completed all of the legal prerequisites imposed on you as a landlord. This article will only assist you in learning about landlord tenant proceedings. It remains your responsibility to prove your burden to the judge's satisfaction at trial that you have a right to recover money or property from your tenant. (As a reminder, court employees are prohibited from giving you any advice as to how to fill out forms or when to file paperwork, so if you choose not to hire an attorney, it will be up to you to figure everything out, and to present your case in court).

Eviction proceedings require an expert level of understanding of the law and rules of each county. Most Courts including Nassau and Suffolk suggest that you consult with a Suffolk evictions lawyer before proceeding as a self-represented litigant.

What happens When My Landlord Tenant Proceeding Is Over?

A Landlord Tenant action concludes with a judgment, which is a prerequisite for issuing a warrant of eviction. After a warrant and judgment is issued by the judge, you must contact your County's enforcement officer (the Suffolk or Nassau County Sheriff, or Marshall if within NYC) who will give at least 72 hours notice in writing to the loosing tenant before they will remove them from your property.