In Suffolk, Nassau and New York City, eviction proceedings are usually initiated in the form of lawsuits toreclaim possession of real property pursuant to New York State's Real Property Law and Rules.
General types of Suffolk, Nassau and New York City Eviction actions:
Lawsuits to regain possession of a premises are the most ordinary Landlord and Tenant actions brought in Nassau District Court and Suffolk District Court. The two most ordinary types of eviction actions are:
Holdover Proceedings - a Holdover Proceeding 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 premises.
New York City, Nassau and Suffolk landlord tenant actions are specialized, and procedural rules must be followed strictly, or your case will be dismissed by the court.
Do I need a Lawyer to start a Landlord Tenant Action?
Proceedings to recover real property involve specific legal knowledge. New York, Nassau and Suffolk court all strongly advocate to landlords that they retain a lawyer. If you want to proceed as a landlord in an eviction proceeding in New York without an attorney, you will be responsible for preparing your petition in accordance with the law without any assistance from the court. New York City, Nassau and Suffolk Courts each have distinct and stringent 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 Start a Landlord Tenant Lawsuit?
For Non-Payment actions, you have to draft, file and serve a petition and a Notice of Petition. Most of the landlord tenant legal forms that you would need are available on the internet. Just be sure that the form you select is specifically drafted for New York State courts, as a generic form will be dismissed. Forms drafted for courts other than the district you are filing in will most likely be dismissed by the court.
For holdover proceedings, 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 detailing the amount of rent still owing. For holdover proceedings, you have to draft and submit a Judgment and Warrant explaining any money owed as well as entitlement to the premises.
How Do You Draft or File Landlord Tenant Forms By Yourself?
If you initiate eviction proceedings without an attorney, you are responsible for preparing your own petition in accordance with the law without any help from the court. You are responsible for drafting or finding the appropriate form, but there are several New York landlord tenant law firms that give free legal advice about tenant law and will be happy to assist you.
Keep in mind that petitions submitted to all courts must be drafted using only black ink, and the filing fee must be paid before you can purchase an index number. The clerk will review your petition with notice for conformity with all state and local rules, and will only sign them if they are correct. If approved, the court will assign a court date for you, and you will have to locate and pay for a process server to serve all papers by a certain date.
Please note all tenants must be given at least 5 days, but no more than 12 days notice to appear. If the eviction papers are given directly to the tenant, the 5 day period is counted from the actual date of service. If the petition is served on the renter by any other type of personal service, the 5five 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. Service must be in full compliance with the law and proof of service must be filed with the court within 3 days of service.
There may be particular 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 consult with a lawyer to make sure you have met all the prerequisites. The information contained in this article serves only to educate you about Suffolk, Nassau landlord tenant law & eviction proceedings in New York Courts. It remains your responsibility to establish by a preponderance of the evidence at trial in front of a judge that you have a right to recover rent or property from your tenant. (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 a lawyer, and you must appear in court and present your case).
Suffolk & Nassau County eviction proceedings require a deep understanding of the law and rules of each court. Most Courts including Nassau and Suffolk suggest that you consult with a New York landlord tenant lawyer before proceeding as a self-represented litigant.
What Happens at the Conclusion of My Eviction Proceeding?
An eviction proceeding concludes with a judgment, which is a prerequisite for issuing a warrant of eviction. Once a warrant is issued by the judge, if the tenant still refuses to leave, you can contact your County's enforcement officer (the Suffolk or Nassau County Sheriff, or Marshall if within NYC) who will in turn charge you a fee, and will notify the tenants that they have 72 hours notice to vacate the premises before they will physically removed by authorities.