Facts About New York Landlord Tenant Law by Jennifer CowellIn 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 Cheap Jordans For Sale, 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 Joradns. New York, Nassau and Suffolk court all strongly advocate to landlords that they retain a lawyer Jordan Shoes Condo’s. 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 Air Jordan Retro, 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.
