Civil Actions

SUMMARY PROCEEDINGS (EVICTIONS)

• Landlord's Guide to Non-Payment Proceedings
• Landlord's Guide to Holdover Proceedings
  (Eviction at end of term of lease or verbal agreement)
• Proceedings to Evict for Violations of the Lease or of the Law
• Tenant's Summary Proceedings Manual

PROCEEDINGS TO EVICT FOR VIOLATIONS OF THE TERMS OF THE LEASE OR VIOLATIONS OF THE LAW:

Jurisdiction:
Property must be located within the Plattsburgh City limits.

Forms:
The forms necessary for initiating a proceeding to evict for violations of the terms of the lease/violations of the law can be obtained from New York Landlord and Tenant Handbook by Gallet, J. or other publications available at the Supreme County Library located at the Corner of Clinton and Oak Street, Plattsburgh, New York. The Court does not supply these forms.

IF YOU HAVE ANY QUESTIONS REGARDING LANDLORD-TENANT LAW, YOU MAY CONSULT WITH AN ATTORNEY OR VISIT THE SUPREME COURT LIBRARY. THE COURT CANNOT PROVIDE LEGAL ADVICE.

1. NOTICE TO OBJECTIONABLE TENANT WITH A WRITTEN LEASE:

Before commencing an eviction proceeding, the landlord must give the tenant notice of his/her objectionable conduct that is the basis of the landlord's decision to terminate the lease. The written lease may set forth the length and/or type of notice to be given to the tenant. If there is a written lease, each party must comply with its terms.

Note:
If the grounds for eviction is alleged illegal use of the property, such as drug dealing, then there are special procedures set forth in the New York Real Property Actions and Proceedings Law sec. 715. Copies of the law may be obtained from the Supreme Court Library.

If a tenant does not cure the violation of the lease within the time required by the lease or continues the objectionable behavior AND proper notice has been provided to the tenant as dictated in the lease, the landlord may initiate an eviction proceeding in City Court by completing and filing the following documents:

2. NOTICE OF PETITION (Blumberg Form T511):

This paper can be issued by an Attorney, a Judge or the Clerk of the Court. If a Judge or the Clerk of the Court is requested to sign the Notice of Petition, the Petition must be completed by the landlord and submitted to the City Court offices before it is served on the tenant.

Special Note:
When completing the Petition (see below) and Notice of Petition, the landlord must call the Court for a court date which must appear in the Notice of Petition. The Court Date must be no sooner than 5 days or later than 12 days from the date the tenant is served. Generally, Summary Proceedings are held Monday, Wednesday and Friday at 1:30 p.m. The landlord and the tenant, if properly served, must appear on the court date.

3. PETITION (Blumberg Form T510):

The Petition is a paper which must be completed by the landlord and attached to the Notice of Petition and the notice, which was previously served on the tenant. The landlord is to sign this paper and sign the verification in front of a Notary Public.

When the papers are completed and a Court Date has been provided and the Judge or Clerk of the Court has signed the Notice of Petition, then and only then can the tenant be served with the Notice of Petition and Petition.

The Notice of Petition, Petition, Notice to the tenant (previously served on the tenant) must be filed with the Court along with the filing fee. The Judge or Clerk of the Court will sign the Notice of Petition and return the Notice of Petition and Petition to the Landlord. The Notice of Petition and Petition must be served on the Tenant not less than 5 days and no more than 12 days before the Court date.

4. AFFIDAVIT OF SERVICE (for service of Notice of Petition and Petition):

This Affidavit of Service must be filed with the Court after service of the Notice of Petition and Petition on the tenant. The Notice of Petition and Petition must be served by a person 18 years or older. The person serving the papers will be attesting to the fact that the papers were served within the time limits allowed (not less than 5 days and no more than 12 days before the Court date). The person who serves the papers must not be a party to the action.

It is preferable that personal service be made upon the respondent- tenant or upon a person of suitable age and discretion residing with the respondent-tenant. In cases where personal service is not possible, service may be made by "nail and mail", that is, posting the papers on the door of the residence of the respondent-tenant AND mailing a copy of the papers by certified mail, return receipt requested. (RPAPL sec. 735)

The Affidavit of Service must be filed with the Court within 3 days after service on the tenant. FAILURE TO DO SO MAY RESULT IN THE DISMISSAL OF THE CASE.

If, at any time, it is determined by the Landlord that the Court date is no longer needed, the Landlord should notify the Court, in writing, as soon as possible which may be faxed to the City Court. Note: The filing fee can not be returned.

If the tenant fails to appear on the Court Date, the Court may sign the following document:

5. WARRANT:

This document should be completed prior to the Court date by the landlord and brought to the Court hearing. The Court will sign this document if the tenant fails to appear for the Court hearing. This will enable the Sheriff to remove the tenant from the premises.

Note:
There is a mandatory 72-hour waiting period between the time the Sheriff serves the tenant with a warrant and when the tenant may be physically removed from the premises by the Sheriff.