Suffolk County District Courts Suffolk District Landlord and Tenant Court

In some situations, a tenant may take legal action against a landlord. Below are a few examples:

Illegal lockout – If a landlord forces a tenant out of the home without a court order or prevents the tenant from returning without a court order, the tenant may file a case in Landlord & Tenant Court to ask the court to allow the tenant to return (RPAPL §721(4)).

Serious building problems (Article 7A case) – If a tenant lives in a multi-unit building in Suffolk County and serious conditions (such as unsafe or unhealthy conditions) are not being fixed, tenants may take action together. If at least one-third of the tenants agree, they may ask the court to appoint an administrator to manage the building and address the conditions. These cases can be complex, and tenants are encouraged to seek help from an attorney RPAPL Article 7-A (§§769 - 783)

Tenants may contact Legal Services of Long Island and Long Island Housing Services, Inc for assistance. They can contact the Suffolk County Bar Association for a free or low-fee consult to find an attorney. 

The NYS Attorney General's Tenants' Rights Guide provides information about tenant rights.

Recovering money – If a landlord owes a tenant money after the tenant moves out (for example, a security deposit), the tenant may file a claim in Small Claims Court.

It depends on the specific facts of the situation. A person is encouraged to contact an attorney for advice and assistance.

The forms referenced in “What forms are needed to start a Landlord & Tenant case?” are intended for use by a landlord to evict a tenant. If the person someone wants to remove is not a tenant, or if the person seeking to remove them is not the landlord, it may still be possible to start a case—but not with those forms.

Some property relationships may still allow for eviction. Examples are listed in RPAPL §713 and RPAPL §715.

In some situations, a different type of case—or a different court—may be required.

If a landlord needs to evict someone who was a guest of a former tenant, see the Small Property Owner Licensee Holdover Petition Program.

Protect your rights - consult with an attorney. Proceedings to recover real property require knowledge of the law and familiarity with local rules and practices.

Corporations must have an attorney appear for them in Court. (CPLR § 321(a)).

Individuals should read this page and see DIY forms on CourtHelp.

Yes. Most cases require that a notice be given before filing.

In nonpayment cases, a landlord must usually serve a written notice such as a 5-day late rent reminder and a 14-day rent demand. In holdover cases, a landlord must serve a notice such as a 10-day notice to cure, or another required notice, which may allow more time depending on the situation.

If the notice is incorrect or not served properly, the case may be dismissed.

A person is encouraged to consult an attorney or review the Real Property Law or Real Property Actions & Proceedings Law to make sure all legal requirements are met before filing.

Go to Court and submit a request for the Judge to sign an Order to Show Cause to Vacate a Landlord Tenant Judgment.

You can get these forms from

• your attorney
• the courthouse (ask for the Court's forms for the Order to Show Cause and supporting affidavit)
• the CourtHelp website DIY Forms: Tenant Vacate Default Judgment Program

You must explain to the Judge in your papers that you have

• a good reason for not appearing in Court, AND
• a good defense to the lawsuit

Bring photocopies of documents that help you prove your arguments.

In addition, even if you appeared in Court, but seek additional time prior to the eviction or circumstances have changed that warrant vacating the judgment and/or warrant, you may submit an Order to Show Cause for the Court’s consideration.

If a person chooses to proceed without an attorney, that person is responsible for preparing court papers in accordance with the law. Court staff cannot provide legal advice or assist with completing the forms.

Forms must be completed using black ink and submitted in duplicate to the Court Clerk. A filing fee must be paid, and an index number will be assigned. The Court Clerk will help set a court date when the Court will be in session.

A Notice of Petition must be issued by an attorney or the Court Clerk to require the tenant to appear in court. If a person does not have an attorney, the Court Clerk will review the papers and will sign the Notice of Petition only if the papers are completed correctly.

Ask the judge in court on your scheduled court date. This is the best way. 

If you cannot appear in court on your scheduled date, send a written request to the court before the court date. In an emergency, many judges may accept your request by email or fax. You must send a copy of your request to all other parties.

The judge will decide whether to grant your request and reschedule your case. You can check your new court date on the WebCivil Local portal at nycourts.gov/e-Courts.

If the judge directed the clerk to “enter judgment,” the clerk will issue the judgment and warrant. Providing a stamped, self-addressed envelope to the clerk will reduce mailing time.

If the judge did not direct the clerk to enter judgment:

Submit a written request to the clerk's office.The attorney (or landlord if there is no attorney) must request in writing that the court issue a Judgment of Possession, Warrant of Eviction, and Transcript of Judgment. The DC-437 request form linked below may be used.

Include required documents (if applicable)

• If any tenant/respondent is in default, include a non-military affidavit.
• If the case was settled, include a copy of the stipulation of settlement.
• If the respondent failed to follow a settlement, include an affirmation of non-compliance.

Pay required fees if requesting a Transcript of Judgment. The transcript fee must be paid when filing the request.

Include a stamped, self-addressed envelope so the clerk can mail the documents back.

For Attorneys: If you must submit or settle a judgment, legal stationery stores sell Judgment of Possession forms (such as Blumberg T-1412, T-1413, or T-1414) and Warrant of Eviction forms (such as Blumberg T-1408 or T-1409). Attorneys may submit a proposed Money Judgment and pay the Transcript of Judgment fee when the warrant and judgment are submitted. The clerk will issue the Transcript of Judgment for use in enforcing any money judgment.

Include a stamped, self-addressed envelope with the proposed papers or written request. The clerk will mail the documents to the attorney of record, or to the self-represented landlord if there is no attorney.

Go to Court and submit a request for the Judge to sign an Order to Show Cause to Vacate a Landlord Tenant Judgment.

You can get these forms from

• your attorney
• the courthouse (ask for the Court's forms for the Order to Show Cause and supporting affidavit)  
• the CourtHelp website DIY Forms: Tenant Vacate Default Judgment Program

You must explain to the Judge in your papers that you have

• a good reason for not appearing in Court, AND
• a good defense to the lawsuit

Bring photocopies of documents that help you prove your arguments.

If you appeared in Court, but need more time before the eviction or circumstances have changed that warrant vacating the judgment or warrant, you may submit an Order to Show Cause for the Court’s consideration.

Please also see: 

• NYS Attorney General Housing Issues
• Tenant Questions & Answers: Nonpayment Eviction Cases in New York State
• Tenant Questions & Answers: Holdover Eviction Cases in New York State

Tenants will receive a Notice of Petition. This document directs when and where to go to court. It includes the date, time, and location of your hearing so you know exactly when to appear.

The landlord, or the landlord’s attorney, will arrange to have the court papers delivered to the tenant by a process server. A process server is an adult who is not involved in the case.

Sometimes landlords hire a professional process server. However, any adult who is not part of the case can serve the papers, as long as they follow the law and the required steps.

After the papers are delivered, the person who served them must fill out and sign an Affidavit of Service or Affirmation of Service. This is a sworn written statement that explains how and when the papers were given. In most cases, this form must be filed with the court clerk within three days, so the court has a record of who was properly notified.

The Notice of Petition and Petition must be delivered within a specific time frame. They must be served no more than 17 days and no fewer than 10 days before the court date. This timing is meant to give enough time to review the papers and prepare.

It is important that papers are served the correct way. Mistakes in service can cause delays, or sometimes even lead to the case being dismissed. If you are unsure whether your papers were served properly, or if you have questions about the process, talk to an attorney or a legal help organization for guidance.

You must appear in court on the date and time stated in the Notice of Petition.

In non-payment cases, the tenant may pay the landlord the full amount demanded in the petition before the hearing. If paid, the case will end (RPAPL § 731(4)). See Tenant Questions & Answers: Nonpayment Eviction Cases in New York State.

If you were served with a holdover petition, please see Tenant Questions & Answers: Holdover Eviction Cases in New York State. 

Seek legal advice. You might contact Legal Services of Long Island and Long Island Housing Services, Inc for assistance. The Suffolk County Bar Association provides free or low-cost consultations but you must pay the attorneys. 

A Landlord–Tenant case is a special proceeding under the RPAPL. This type of case usually starts with filing a Notice of Petition and a Petition.

Starting September 3, 2024, these Notices of Petition forms are required for all residential eviction cases filed in District, Justice, or City Courts outside New York City:

• UCS‑LTN1 – Notice of Petition (Nonpayment)
  Use this form when the residential eviction is based on unpaid rent.
• UCS‑LTH1 – Notice of Petition (Holdover)
  Use this form for all other residential eviction cases, when the eviction is not based on unpaid rent.

For more help, see the Resources section of this page. There, access Forms, Guides, and DIY (Do‑It‑Yourself) Interviews to help complete the paperwork.

If the case involves a different kind of eviction, or if the available forms do not fit the situation, it may be necessary for an attorney to draft a Notice of Petition and Petition for the case.

If the landlord wins the case, the Court will grant the landlord possession of the property.

After that, the landlord can request a Judgment of Possession and a Warrant of Eviction. See  Q. How do I request a Judgment and Warrant? if you need to do anything to enter the judgment and receive the warrant.  The judgment  and warrant will be mailed to the landlord's attorney.

Once the Court issues the Warrant of Eviction you must file it with the Suffolk County Sheriff.

The Suffolk County Sheriff must then give the tenant (also called the respondent) at least 14 days’ notice (a 14 Day Notice) before carrying out an eviction. 

If the landlord or the landlord’s attorney tells the court that the tenant was properly given a Notice of Petition and other required papers, and the tenant does not go to court, the judge may decide the case without the tenant. This is called a default judgment.

If a default judgment is entered, the court may:

• Issue a Warrant of Eviction
• Decide that the tenant owes unpaid rent or other fees

After the Warrant of Eviction is given to the Sheriff:

• A Deputy Sheriff will post a 14-day notice at the home
• The notice will give a date by which the tenant must move out

If the tenant does not move out by that date:

• The Sheriff may return to carry out the eviction
• The tenant and their belongings may be removed from the property
• The belongings may be placed at the curb

If the tenant receives any of these papers or notices, they should appear in court as directed and contact a legal services provider as soon as possible to understand their options and next steps.

If the tenant missed the court date and the landlord got a default judgment in a nonpayment or holdover case, the tenant may be able to ask the court to reopen the case. The tenant can use a free  DIY (Do-It-Yourself) Tenant Vacate Default Judgment Program  program to complete an Order to Show Cause and an Affidavit in Support. These forms explain why the judgment should be vacated.

Your Case Will Be Called
Check to make sure your case is on the calendar, posted in the courthouse. You will need your index number to find the case on the calendar.

Opportunity to Settle the Case Without a Trial or Hearing
At the call of the calendar in the courtroom, identify yourself by announcing “Here” when the Clerk calls your case. If all parties are present, the Judge will probably request that you try to settle the case - a voluntary, binding agreement that resolves the differences between the parties to a lawsuit. As part of that process, the Judge will also offer the parties the opportunity to participate in the Alternate Dispute Resolution (ADR) program. For more information about Landlord Tenant ADR click here. In a settlement you can help determine the outcome of your case. However, no one can force you to settle a case.

If you settle the case, the agreement will be put in writing in a document called a stipulation. You must also be sure to understand the terms of the stipulation which will become a legally binding agreement after reviewed and accepted by the Judge. No settlement is final until the stipulation is reviewed by a Judge.

If you cannot settle the case, the Judge will have a hearing.

Hearing
Generally, the landlord presents his or her case first. After being sworn as a witness, the landlord or the landlord’s managing agent will tell his or her version of the claims in the case. The landlord may offer certain documents into evidence. This is called direct examination. When the landlord or the person on the landlord’s behalf has finished testifying, the tenant has the right to ask questions. This is called cross-examination. Sometimes a Judge may ask questions to clarify matters and/or to conduct the hearing in an expeditious manner. Additional witnesses may be called to testify in support of the landlord’s claims, and they, too can be cross-examined by the tenant or may be asked questions by the Judge.

The tenant will then be sworn as a witness to give his or her side of the story and present evidence. When the tenant has finished testifying, the landlord has the right to cross-examine the tenant. The Judge may again ask questions. Sometimes a Judge may ask some questions to clarify matters. Additional testimony and forms of evidence may be elicited from other witnesses called by the tenant. Cross-examination and perhaps additional questioning by the Judge may follow suit for each witness called.

Parties to a lawsuit have a right to object to the introduction of evidence or the way a question is being asked or answered. The appropriate way to object is to say “objection.” The Judge may then ask the basis for the objection. If the Judge agrees with the objection, the Judge will say “sustained” and the evidence will not be admitted. If the Judge disagrees with the objection, the Judge will say “overruled” and the evidence will be admitted and considered by the Court, or jury, if the hearing is proceeding by jury trial.

In most Landlord Tenant cases, a landlord asks a judge for an order to evict a tenant if the tenant has not moved out by a certain date. They are started under Article 7 of the Real Property Actions and Proceedings Law (RPAPL), Summary Proceedings to Recover Possession of Real Property.

The two most common types of eviction cases are:

Non-payment proceedings – These cases are started when rent has not been paid. Before starting the case, the landlord must first demand that the tenant either:

• Pay the rent, or
• Move out of the property

Holdover proceedings – These cases are started when a tenant stays in the property after the tenancy has ended. This may happen when:

• A lease ends on a set date, or
• The tenant receives a notice ending the tenancy
• The landlord believes the tenant no longer has the right to stay in the home or business space.

There are other types of landlord-tenant (L&T) cases, some of which are described in RPAPL §713 and RPAPL §715. Because these laws can be complex, you are encouraged to speak with an attorney for help preparing and filing your court papers.

Tenants can also bring landlord-tenant cases in court. A tenant may file a case if:

• The tenant was illegally removed from the home (a “self-help eviction” or "forcible eviction"), or
• The tenant needs a court order requiring the landlord to make repairs to fix a dangerous or serious condition in the home, brought under RPAPL Article 7A.

Bring all the evidence needed to support your claim or your defense. Any information that helps explain or prove the facts in dispute should be brought to Court.

This can include written agreements, leases, receipts, and photographs. If possible, bring the original documents rather than photocopies, because the Court may require originals.

Landlords should bring:

• the original or certified copy of the deed to the building
• the lease or written agreement for the party you are suing, if there is one
• certified copies of registration statements (like the town's rent registration, or a multiple dwelling registration statement)
• your record keeping book
• any other documents that are relevant to the claims you are making
• witnesses (like a superintendent, manager, or mechanic who can testify as to attempts to gain access and/or attempts to repair conditions, if conditions are an issue)
• process server if service is disputed

Tenants should bring:

• rent receipts, checks or other proof of rent payments
• the lease or written agreement for the apartment, if you have one
• photographs of any conditions you are claiming
• heat charts, if heat is an issue and you kept a record
• receipts or bills for any money you claim you spent
• any other documents that are relevant to your defense or to the claims you are making
• witnesses (like a friend or neighbor who has seen a condition complained of, if conditions are an issue)