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 In Suffolk, Nassau and New York City, eviction actions are usually initiated in the form of lawsuits torecover possession of real property pursuant to New York State’s Real Property Law and Rules.Summary proceedings to recover possession of property are the most common Landlord and Tenantactions brought in Nassau and Suffolk District Court.The most ordinary types of summary actions are:

Holdover Proceedings - initiated when a person remains in a rented premises after the lease expires, against the will of the landlord.

Non-Payment Actions - initiated when the tenant stops paying rent and the landlord makes a request that the tenant pay the rent or leave the property.

New York landlord tenant actions are specialized, and procedural rules must be followed carefully, or your case will bedismissed by the court.

Do I need a Lawyer to start a Landlord Tenant Action? 

 Proceedings to recover real property as well as back rent and money for damages demand specific legal expertise.  New York courts vigorously recommend that all landlords retain a lawyer. If you choose to proceed as a landlord in an evictionproceeding in New York without a lawyer, you will be responsible for preparing yourpapers in accordance with the law without any assistance from the court.

New York City, 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 abide by the specialized rules required by each court.

What Paperwork do I Need to Commence a Landlord Tenant Eviction Action?

 For Non-Payment actions, you have to draft, file and serve a petition and a Notice of Petition. Most of the eviction New York forms required are already drafted by someone and available for download on the internet. One caveat is to be certain that the legal documents you find are specifically drafted for New York State courts.

Generic petitions drafted for courts other than the specific district you are filing in are often dismissed outright.

 For holdover proceedings, you have to draft, file and serve a Petition and Notice of Petition that contains additional holdover language.

How do You Get a Judgment and Warrant?

 For Non-Payment actions, you have to draft a Judgment and Warrant, explaining the amount of money due from your former renter. The process is similar for the conclusion of a holdover proceedings.

How Do You Fill Out Evictions Forms By Yourself?

 If you bring an eviction action without an attorney, you will be the person responsible for preparing your papers in accordance with the law without any assistance from the court. You are responsible for drafting or finding the appropriate petition, but there are some New York law firms that offer free landlord tenant New York advice and will be happy to assist you for free if you call or e-mail them.

 As a reminder, all petitions submitted to the court must be completed using black ink, and payment of the filing fee is necessary beforehand to purchase an index number. The county court clerk will review your petition and notice for conformity with all laws and rules, and will sign them only if they are correct. You will then be assigned a court date by the clerk, and you will be responsible for locating and paying for a process server to serve all papers.

 Please note all tenants must be given at least 5 days, but no more than 12 days notice to appear. If the court papers are handed directly to the tenant, the five day waiting period is counted from the actual day of service.

If the petition is served on the renters by any other type of personal service, the 5 days are counted from the date the petition was filed with the court along with proof of service. A copy of the petition must be served by someone over the age of eighteen, who is not a party to the eviction proceeding. Service must be in full compliance with the law and proof of service must be filed with the court within three days of service.

 There may be certain legal duties incurred on the landlord that must be fulfilled before you can bring an eviction proceeding (such as service of a 30 day notice).

You should consult with a lawyer that specializes in New York Landlord Tenant Law as soon as you can to make sure you have completed all of the legal duties imposed on you as a landlord. This article will only help you to learn about landlord tenant lawsuits.

It remains your responsibility to establish by a preponderance of the evidence at trial in front of a judge that you have a right to recover rent or property from your tenant. (Remember, the court staff is prohibited from giving legal advice, so if you do not hire an attorney, you must handle the matter on your own, and you must appear in court and present your case).

 Landlord Tenant proceedings require sophisticated and specified knowledge of the law and rules of County Court. Most Courts, including Nassau and Suffolk County, suggest that you at least consult with a NY tenant landlord attorney before proceeding as a self-represented litigant.

What Happens at the Conclusion of My Eviction Proceeding?

A landlord tenant action typically ends with the granting of a judgment, which is a prerequisite for issuing a warrant of eviction. After a warrant and judgment is issued by the court, you must contact your County’s enforcement officer (the Suffolk or Nassau County Sheriff, or Marshall if within NYC) who will give at least 72 hours notice in writing to the loosing tenant before they will evict them from your property.