LANDLORD - TENANT SUMMARY PROCEEDING

Property must be located within the City limits and taxes on said property are paid to the city.

Papers required for filing must be filled out in triplicate:

1. 3-DAY NOTICE OR 30-DAY NOTICE to the Tenant (s)

The 3-day notice is for non-payment of rent. This notice must be served upon the tenant (s) stating the amount of rent due and the period of time covered by the amount due, together with a demand that the total amount be paid within three business days after service of the notice. The date of service is excluded as are Saturdays, Sundays and holidays.

The 30-day notice is a notice given to the tenant(s) requiring that the tenant(s) surrender the premises within 30 days. It is important to note the 30-day notice must be given 30 days prior to the next rental date. In other words, if the rent were due on June 1st and the notice was served on May 31st or before, the notice could require the tenant(s) to vacate on or before July 1st. However, if the notice was served on June 1st the notice could not legally require the tenant(s) to move before August 1st which would be 30 days (one month) from the next rental date.

2. AFFIDAVIT OF SERVICE of 3-DAY OR 30-DAY NOTICE

An Affidavit of Service will show that a 3-day or a 30-day notice has been served on the the tenant(s) and this Affidavit must be signed by the person who served the papers before a Notary Public and the Notary Public must also sign the Affidavit. The papers may be served by any person over the age of 18 years. It is suggested that these papers not be served by the landlord.

The above two papers must be attached to the following two papers: The Notice of Petition and the Petition.

3. NOTICE OF PETITION

This paper can be issued by an Attorney, a Judge or the Clerk of the court. The paper can be completed by the landlord and the Clerk of the Court will sign it before it is served on the tenant(s).

SPECIAL NOTE: When filling out the Petition and the Notice of Petition, the landlord will set the Court date. The landlord must appear in Court on the date and time chosen by him/her.

It is important to remember when choosing a date that the court date set must be no sooner than 5 days nor later than 12 days from the date the tenant(s) is served.

4. PETITION

This paper is to be completed by the landlord and attached to the Notice of Petition and the 3-day or 30-day notice. The landlord is to sign the Petition and sign the verification in front of a Notary Public.

When the papers are complete, a Court date has been chosen, and the Clerk has signed the Notice of Petition, the tenant(s) can be served with the papers.

5. AFFIDAVIT OF SERVICE OF NOTICE OF PETITION AND PETITION

An Affidavit of Service is filed with the court after service on the tenant(s) is complete. This affidavit will show that a person 18 years or older has served the required papers on the tenant(s) named in the documents within the time period allowed (5 days to 12 days). The person who serves the tenant(s) must not be a party to the action. The Affidavit of Service is to be signed by the person serving the papers and signed by a Notary Public.

The above papers can be purchased from a stationary store or may be obtained from your attorney.

The filing fee for a Landlord-Tenant matter is $45.00 which must be paid to the Court at the time of filing.

All papers are required to be filed with the Court at least 3 days prior to the date set for the hearing.

FAILURE TO FILE THE PROPER DOCUMENTS WITHIN THE TIME PERIOD SPECIFIED MAY RESULT IN THE DISMISSAL OF THE CASE.

IF YOU HAVE ANY QUESTIONS CONCERNING THE LANDLORD-TENANT LAW OF THE STATE OF NEW YORK, PLEASE CONTACT YOUR ATTORNEY.

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