Landlord & Tenant Actions FAQ

What is a Landlord & Tenant (L&T) proceeding?

What are the most common L&T proceedings?

What forms do I need to start a L&T proceeding?

What forms do I need to enter a Judgment and Warrant?

How do I fill out these L&T forms?

Do I need an attorney for an L&T case?

What must I do in court to evict my tenant?

What happens at the conclusion of my L&T case?

Can I evict my son or relative?

Can a tenant bring a landlord to court?

I have been served with eviction papers. What do I do?

What happens if I am a tenant and I do not appear in court after receiving a summons?

What is a Landlord & Tenant (L&T) proceeding?

What are the most common L&T proceedings?

• Article 7 summary proceedings to recover possession of real property are the most common Landlord and Tenant proceedings brought in the District Courts. The two most common types of summary proceedings are
• holdover proceedings - brought when a person remains in possession of real property after the term of a tenancy expires, for example when a lease ends or after service of a termination notice
• non- payment proceedings - brought only after there is a default in the payment of rent and the landlord demands that the tenant pay the rent or move from the property and is not subject to any limitation in the amount of unpaid rent that can be awarded in a summary proceeding.

Landlord and Tenant proceedings are extremely specialized and all the procedural rules must be followed strictly.

Do I need an attorney for an L&T case?

What forms do I need to start a L&T proceeding?

• T-1406 Petition
• T-1407 Notice of Petition

• T-1410 Petition
• T-1411 Notice of Petition

Or try to download a form from a vendor like www.blumberglegalforms.com.

What forms do I need to enter a Judgment and Warrant?

• T-1412 or T-1413 Judgment
• T-1408 Warrant

• T-1414 Judgment
• T-1409 Warrant

Or try to download a form from a vendor like www.blumberglegalforms.com.

How do I fill out these L&T forms?

• If you wish to proceed without an attorney, please note that you will be responsible for preparing your papers in accordance with the law without any assistance from this office.
• The forms necessary to commence the proceeding may be purchased in a legal stationery store or download a form from a vendor like www.blumberglegalforms.com. You are responsible for choosing the appropriate form. The forms must be completed in compliance with the RPAPL.
• Forms must be completed using BLACK ink only and submitted to the Court Clerk for signature. Payment of a filing fee will be necessary to purchase an index number. The clerk will review your forms and sign them only if correct. The clerk will assist you in setting a court date in order to ensure that court will be in session. A Notice of Petition must be signed by an attorney or the Court Clerk to compel the appearance of the tenant in court.
• Please note that the respondent (tenant) must be given FIVE(5) full days notice and no more than TWELVE(12) days notice. (If the papers are handed directly to the tenant (personal delivery) the five day period is counted from the actual date of service. If the papers are served on the defendant by any other type of personal service, the five days are counted from the date the papers were filed with the court along with proof of service.)
• A copy of the papers 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 clerk within three days of effecting service.
• There may be specific, legal, prerequisites to the institution of your proceeding to recover real property such as a 30 day notice. You should consult with an attorney or refer to the RPAPL to be sure you have met all requirements.
• This information will assist you in the filing of a landlord & tenant proceeding. It remains your responsibility to prove to the court's satisfaction, your right to recover rent or property. The court staff is prohibited by law from giving any additional information. Please do not compromise the court staff by requesting legal assistance.

If you do not understand these instructions, or the required forms, it is in your best interest to retain or at least consult with an attorney.

What must I do in court to evict my tenant?

• You must purchase the appropriate forms (Notice of Petition and Petition) in a legal stationery store or from www.blumberglegalforms.com. You must complete the forms and sign the verification before a notary.
• The completed forms, in duplicate, must be brought to the District Court Clerk's office in the town where the property is located. The clerk will review the forms and, if they are in order, will sign the forms. There is a filing fee. The clerk's signature compels the appearance of the tenant.
• When you the leave the Court Clerk's office, you must make the necessary amount of copies and cause the papers to be served on the tenant(s). The number of copies will depend on the number of tenants and the type of service to be made. It is your responsibility to see that the proper parties are served in accordance with the law.
• You may hire a process server or have someone over the age of 18 and not a party to the proceeding serve the papers.
• You must file proof of service with the Court Clerk within three days of service. The affidavit of service must be notarized, and must set forth the details of the service.
  
  

What happens at the conclusion of my L&T case?

Can I evict my son or relative?

• While it is your responsibility to determine who you sue or evict, landlord and tenant proceedings generally require a landlord and tenant relationship.
• The RPAPL §711 sets forth who a Landlord and Tenant proceeding may be used for. This type of proceeding is extremely complicated and retaining an attorney is suggested.
  

Can a tenant bring a landlord to court?

• Yes, under certain circumstances. RPAPL §713 sets forth who may maintain a Landlord and Tenant proceeding. This type of proceeding is extremely complicated and retaining an attorney is suggested.
• Read the NYS Attorney General's Tenants Rights Guide .
• Your rights would best be protected, as a tenant, with the assistance of an attorney.
• Pursuant to RPAPL Article 7A, one third or more of tenants occupying a multiple dwelling located in Suffolk county may petition the court to have an administrator appointed to manage the premises.
• A tenant may bring a summary proceeding to recover possession of premises from which he or she has been forcibly put out or kept out (RPAPL §721(4)). A tenant must bring such a proceeding within three years of ouster (RPAPL §713(10)).
  

I have been served with eviction papers. What do I do?

• You must appear in court on the date stated in the Notice of Petition served on you.
• If the eviction is based on the non-payment of rent, you may pay the landlord the full amount demanded in the petition. This will end the eviction proceeding.
• You may seek the advice of an attorney. If you are unable to afford an attorney, you may contact the Nassau/Suffolk Law Services at (631) 232-2400.
  

What happens if I am a tenant and I do not appear in court after receiving a summons?

• A warrant of eviction may be issued.
• A judgment for unpaid rent and attorneys fees may also be entered.
• The Suffolk County Sheriff will post a 72 hour notice to leave the premises.
• When the warrant of eviction is enforced, the Sheriff will return and remove you and your personal property.