In New York, evictionactions are usually initiated in the form of lawsuits torecover possession of real property pursuant to New York State’s Real Property Law and Rules.Lawsuits to regain possession of a premises are the most common Landlord and Tenantactions brought in Nassau District Court and Suffolk District Court.The two most ordinary types of summary proceedings are:
Holdover Proceedings - a HoldoverProceeding is brought when a person remains in possession of a home or apartment after their lease expires against the will of the landlord.
Non-Payment Actions - brought when the renter stops giving their rent and the landlord makes a demand that the tenant pay the rent or leave the property.
New York City, Nassau and Suffolk landlord tenant proceedings are specialized, and procedural rules must be followedcarefully, or your case will be discontinuedby the court.
Do I needa Lawyer for a New York State Eviction?
Proceedings to recover real property as well as back rent and money for damages demand specific legal expertise. New York, Nassau and Suffolk court all strongly recommend to landlords that they retain a lawyer. This is because if you wish to proceed in an eviction action in New York without an attorney, you have to draft your own legal documents without any aid from anyone.
New York City, Nassau and Suffolk Courts all have rigorous rules when it comes to filing a landlord tenant eviction proceeding, and often pro se litigants have their case dismissed because they fail to abide by the specialized rules required by each court.
What Forms do I Need to Start a Landlord Tenant Proceeding
For Non-Payment proceedings, you have to draft, file and serve a petition and a Notice of Petition. Most of the eviction New York forms needed are already written by someone and available for download on the internet. One caveat is to make certain that the legal documents you find are specifically drafted for New York State courts.
Forms drafted for courts other than the district you are filing in will most likely be discontinued by the court.
For a specific proceeding known as a holdover proceeding, you have to draft, file and serve a Petition and Notice of Petition that contains specialized holdover language.
How Do You Secure a Judgment and Warrant After You Won Your Case?
For Non-Payment actions, you have to submit to the judge a proposed Judgment and proposed Warrant explaining the amount of money still owing. For holdover proceedings, you have to submit to the Court a proposed Judgment and Warrant detailing any money outstanding, as well as ownership of the premises.
How Do You Fill Out Evictions Petitions By Yourself?
If you start the eviction process without an attorney, you are the person responsible for preparing your own papers in accordance with the law without any assistance from the court. You are responsible for locating or drafting the appropriate form, but there are some New York law firms that offer landlord tenant New York help to landlords and will be happy to answer your questions via phone or e-mail for free.
As a reminder, all petitions submitted to the court must be drafted using black ink, and payment of the filing fee is necessary beforehand to purchase an index number. The clerk will review your petition and notice and sign them if they conform with court rules. The court will assign a court date for you and your renter to hold a trial, and you will have to find and pay for a process server to serve all papers on your tenant within a certain time.
You are usually required to give tenants at least 5 days, but not more than twelve days notice to appear for trial. If all court papers are handed directly to the tenants, then you have 5 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 papers must be served by someone who is 18 or older, and cannot be the landlord or anyone with a property interest in the premises. Proof of service must be filed with the clerk within 3 days of completing service.
There may be specific legal requirements 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 consult with a lawyer to be sure you have met all the prerequisites. This information contained in this article serves only to educate you generally about Suffolk, Nassau and New York landlord tenant law & general eviction proceedings in New York.
It remains your responsibility to submit evidence to the judge’s satisfaction, your right to recover money or property from your renter at trial in front of a judge. (Remember, the court staff is prohibited from giving you any legal advice, so you must handle the matter on your own if you do not hire an attorney, and you must appear in court and present your case).
Eviction proceedings require an expert level of understanding of the law and rules of New York State. New York State Courts suggest that you speak with a NY tenant landlord lawyer before trying to evict your tenant yourself.
The Conclusion of Your Eviction:
A Landlord Tenant proceeding concludes with a judgment, which is necessary for issuing a warrant of eviction. After a warrant of eviction is issued, an enforcement officer (the Suffolk or Nassau County Sheriff, or Marshall if within NYC) must give at least 72 hours notice in writing before evicting a tenant from your property.
