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The New York Landlord form serves as a crucial resource for landlords navigating the complexities of housing issues within the city. This form encompasses a variety of key topics, including the procedures for addressing nonpayment of rent, eviction processes, and tenant rights. It outlines the steps landlords must take when dealing with tenants who fail to pay rent, providing guidance on initiating nonpayment cases. Additionally, the form details the necessary actions for evicting a tenant for reasons other than rent, known as holdover evictions. Landlords will find information on how to handle roommate disputes, respond to harassment claims, and address repair requests from tenants. The form also explains the role of Housing Court, including how cases are initiated, what to expect during court proceedings, and the potential outcomes that can arise from a judge's ruling. Furthermore, it highlights the importance of proper communication with tenants and offers alternatives to court interventions, such as mediation. Understanding these aspects is vital for landlords to effectively manage their properties while adhering to legal requirements.

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NEW YORK CITY LANDLORDS &

QUESTIONS & ANSWERS

OWNERS HOUSINGABOUT

COURT

BRONX # BROOKLYN # MANHATTAN # QUEENS # STATEN ISLAND

July 2012

Table of Contents

What is Housing Court?.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

What do I do if the tenant is not paying me rent? (nonpayment). . . . . . . . . . . 3

How do I evict someone for a reason other than rent? (holdover). . . . . . . . . . 8

How do I make a roommate leave a home that we share?. . . . . . . . . . . . . . . 12

What if the tenant starts a case against me for harassment?. . . . . . . . . . . . 13 What if a case is started against me for housing repairs? . . . . . . . . . . . . . . . . . . 14

What happens if a case is started against me saying that I

locked the tenant out illegally? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

How are legal papers delivered? (service) .. . . . . . . . . . . . . . . . . . . . . . . . . . . 16

What do I do when I go to court?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Can the tenant and I agree to settle the case?. . . . . . . . . . . . . . . . . . . . . . . . 21

What happens at a trial?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 How do I appeal if I lose the case?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 How do I evict the tenant after I have a judgment?. . . . . . . . . . . . . . . . . . . . . 25

What do I do if I need to go back to court to ask the Judge to

do something on the case? (order to show cause). . . . . . . . . . . . . . . . . . . . . . 26

Where are the Housing Courts located?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Where can I go for help?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

People who don’t have a lawyer are called “Pro Se” or “Self-

Represented” or “Unrepresented” litigants.

i

What is Housing Court?

The New York City Housing Court is a Part of the Civil Court where landlords/owners and tenants go to solve their housing problems.

Landlords/owners start cases in Housing Court to:

collect rent, and to

evict tenants and roommates.

Tenants start cases in Housing Court to:

get repairs,

move back in after an eviction, or to

stop harassment by the landlord/owner.

A Housing Court Judge can order:

rent to be paid,

a tenant out of an apartment,

a tenant back in the apartment,

repairs, or

money due to the tenant from the landlord/owner on counterclaims.

Can I change my tenant’s locks, or turn off the heat, water or electricity to force the tenant to move?

No!

Is there a way to solve my problem without going to court?

Yes. You do not have to go to court for all your housing problems. Many problems are solved by talking to your tenant. You can go to a local community mediation center for help with the problems or to help you talk to your tenant. You can find the location of a community dispute resolution center near you in the phonebook or on the internet.

Does Housing Court charge any court fees?

Yes. Possible fees:

It costs $45.00 to start a case.

It costs $70.00 if you ask for a jury trial.

Fees must be paid by cash, or certified check, money order or bank check made out to the “The Clerk of the Court.” Personal checks are not accepted.

What if I don’t speak English well?

Tell the Clerk when you go to court that you need an interpreter. The Clerk will assign an “official” interpreter for free.

Is the court going to give me a free lawyer?

No. There is no right to a lawyer in a Housing Court case.

What if I am homebound and can’t come to court?

The landlord/owner must come to court to prove the case. Someone else can bring the papers to court to start a case for you, but that person can’t settle or go to trial for you, even if he or she has your power of attorney. You can ask the court to appoint a guardian ad litem to act on your behalf. It is best to hire a lawyer.

What if I can’t come to court on the date I was given and need a new date?

You can’t call the court to get a new date no matter what the reason. You can ask the tenant to agree to a new date. If the tenant agrees, get this in writing and bring it to the Court Clerk before your original court date.

If the tenant won’t agree to a new court date:

write a letter to the Judge or get an affidavit of unavailability from the Clerk to explain why you can’t be there and bring it and copies of any papers that explain why you can’t come (plane ticket, hospital appointment slip) to the Court Clerk before the court date, or

send someone to court on your court date to tell the Judge why you can’t be there.

Warning! If you send someone to court, or write a letter, the Judge may not agree to give you a new date and you may lose the case.

Who decides cases in Housing Court?

Cases are usually decided by Judges without a jury. You or the tenant can ask for a jury trial if your lease doesn’t prevent it or if you have no lease. You can file a jury demand and pay the jury fee at any time before the trial.

The tenant can ask the Judge to file a late jury demand, but the

Judge may say no.

Where do I find more information about Housing Court?

All of the information in this guide is also on the Housing Court’s website. On the website there are free court forms, helpful how-to videos and more detailed information to help you represent yourself in court. If you have the internet, visit the Housing Court’s website.

If you start a case in Housing Court you are the petitioner.

If a case is started against you in Housing Court you are the respondent.

2

What do I do if the tenant is not paying me rent?

If the tenant is not paying, you can start a nonpayment case to sue the tenant for rent. In a nonpayment case you ask the court to evict the tenant if the tenant doesn’t pay.

Can I start a nonpayment case if the tenant moved out?

No. You can’t start a nonpayment case in the Housing Court if the tenant has left the home for good by giving you back the keys or letting you know in writing. You can start a civil or small claims case for the money in the Civil Court.

What do I do if the home is illegal?

If the home is not legal, for example, you turned the basement into an apartment, you won’t be able to get rent money back in a nonpayment case. You can start a holdover case to evict the tenant. See page 8, How do I evict someone for a reason other than rent?

Do I have to do anything before starting a case?

Yes. The tenant must be asked for the rent first. This is called a rent demand. It warns the tenant that you want the rent, and that if the tenant doesn’t pay, the tenant can be evicted. The rent demand must tell the tenant the months and amounts of rent that the tenant owes. Also list additional rent, like water charges or taxes, that the lease says you can collect.

The rent demand can be:

said to the tenant (oral demand), or

written to the tenant (written demand).

Is there anything special I have to do if I have a Section 8 tenant?

Yes. There are special rules for Section 8 tenants. Read your contract before starting a case.

How do I make an oral rent demand?

You, or someone who works for you, must ask the tenant for the rent. Check your lease because it may say that you have to give the tenant a written rent demand.

How do I make a written rent demand?

A written rent demand must be sent to the tenant at least three days before you can start the case. But check your lease it may say that you have to give the tenant more than three days’ notice.

If the tenant’s home is not rent regulated you can use the court’s free DIY (Do-It- Yourself) Form program to make a written rent demand. The DIY program can be used in the courthouse or on the internet. You can buy a rent demand form over the internet or at a legal stationery store, like Blumberg.

3

Is there a special way that the written rent demand must be given to the tenant?

Yes. The written rent demand must be given to the tenant the right way. This is called service. If you don’t serve the tenant the right way the Judge may make you start all over again. See page 16, How are legal papers delivered?

What do I do if the tenant doesn’t pay the rent after I give the tenant a rent demand?

If the tenant doesn’t pay the rent by the date requested you can start a nonpayment case in Housing Court.

How do I start a nonpayment case against the tenant?

A nonpayment case in Housing Court is started with court papers called a Notice of Petition and Petition. The court papers tell the tenant that he or she has 5 days to come to court and answer the Petition.

If the tenant’s home is not rent regulated it may be easier to use the court’s free DIY (Do-It-Yourself) Form program to make your court papers to start a nonpayment case. The DIY program can be used in the courthouse or on the internet. The DIY program gives you instructions on what to do next. You can buy a Notice of Petition and Petition online or at a legal stationery store, like Blumberg. After you fill out the papers, you have to sign them in front of a notary and then bring them to the Housing Court.

If there is more than one person living there, who do I list as the respondent in the Notice of Petition and Petition?

You have to list all the adults that are 18 years old or older on the Notice of Petition and Petition. If you don’t know the name of someone living there you should list him or her as John or Jane Doe.

Who do I list as the Petitioner in the Notice of Petition and Petition?

A person who owns the property and is listed on the deed can be the petitioner that starts the case. If there is more than one owner of the property, only one person needs to be listed as the petitioner.*

A tenant that sublets the home can be listed as the petitioner in the Notice of Petition and Petition.

Other people, like a friend or relative, can’t be the petitioner instead of you.

*The person listed as the petitioner has to com e to court.

4

Where do I start the case?

The case must be started in the county where the home is located. See page 27, Where are Housing Courts located?

What happens when I go to court to start the case?

Before you go to the courthouse make copies of the Notice of Petition and Petition and the rent demand if you made one in writing and the Affidavit of Service of the rent demand. Give the papers to the Clerk and pay the filing fee. The Clerk can tell you how to set-up the papers. Now the papers need to be given to the tenant.

Is there a special way that the Notice of Petition and Petition must be given to the tenant?

Yes. The Notice of Petition and Petition must be given to the tenant the right way and you can’t deliver the papers. This is called service of papers. If you don’t serve the tenant the right way the Judge may make you start all over again. See page 16, How are legal papers delivered?

What do I do after the Notice of Petition and Petition are given to the tenant?

After service of the court papers, and any mailings, you must bring back the original Notice of Petition and the Affidavit of Service to the Clerk’s Office within 3 days of the mailing or hand delivery of the papers. Bring stamps for postcards with you to give to the Clerk. The Clerk will mail a postcard to the tenant that says that you started a court case. The tenant will then have to answer the Petition.

When do I get a court date?

The tenant has 5 days after getting the court papers to go to court to Answer the Petition. When the tenant answers, the court will send you a court date. The court date is usually a week later. You must be in court on your court date and be on time.

You will also get a copy of the tenant’s Answer. An Answer says the legal reasons that the tenant thinks he or she does not owe all or part of the rent. The legal reasons are called defenses. The tenant has to prove the defenses in court.

Can the tenant make a claim against me in the Answer?

Yes. The tenant may add “counterclaims,” to the Answer. A counterclaim is a claim that the tenant may have against you. In a counterclaim the tenant is asking the court to order you to pay the tenant money. If the tenant’s answer has a counterclaim, you should answer the counterclaim.

5

What happens if the tenant does not answer the Petition?

If the tenant doesn’t answer the Notice of Petition before the deadline, and doesn’t pay the rent, you can get a judgment on default and a warrant of eviction to evict the tenant. See page 25, How do I evict the tenant after a judgment?

Warning: If the tenant was not served with the court papers by personal delivery (see page 16, How are legal papers delivered?) you can’t get a judgment for the money you are owed. You can only get a judgment to evict the tenant. You can start a civil case for the money.

Can the tenant and I settle the case?

Yes. Most nonpayment cases never go to trial and are settled by a Stipulation of Settlement, often called a Stip. See page 21, Can the tenant and I agree to settle the case?

What do I need to bring to court?

Bring proof of the rent amount and rent payments, including:

lease and lease renewals,

records of rent payments,

agreements by the tenant to pay for improvements,

copies of rent increases from government agencies,

the deed, and

the multiple dwelling registration if the building is a multiple dwelling.

What happens if the tenant doesn’t come to court?

If the tenant doesn’t come to court on the court date, and hasn’t paid the rent, the Judge will give you a judgment on default. See page 25, How do I evict the tenant after I have a judgment?

What happens if the tenant says I didn’t make repairs or give services?

The tenant may ask the court for an Inspection to show the repair problem in the home. Someone from the Department of Housing Preservation and Development goes to the tenant’s home to inspect. You can be there for the inspection. The Judge can also send a court employee to visit the tenant’s home and report back. The case will be postponed in court until the inspection or visit is finished.

If the Judge finds at the trial that the repairs were very serious, and that living without them hurt the tenant, the Judge may lower the amount of money the tenant owes you. This is called a rent abatement. The Judge can also order you to make repairs.

6

My tenant owes me rent from a long time ago, what can happen?

A Judge may not let you evict a tenant for rent owed in a nonpayment case if it is from a long time ago, like more than six months, and you never talked about it with the tenant. The Judge may give you a money judgment for the old rent or tell you to sue the tenant in a small claims or civil case.

What happens if the Judge holds a trial and decides that the tenant owes me rent?

The Judge will decide the amount that the tenant owes you and that amount will be put in a judgment. The tenant has 5 days to pay you that amount.

If the tenant pays, the case is over and you can’t evict the tenant. You need to give the tenant and the Court a Satisfaction of Judgment. A Satisfaction of Judgment tells the Court that the money was paid.

What happens if the tenant doesn’t pay the amount owed in the judgment? You can use the judgment to get a warrant to evict the tenant. See page 25, How do I evict the tenant after I have a judgment?

What happens if the tenant wants to pay me all the money and stay in the home after I get a Notice of Eviction?

That is up to you. You don’t have to let the tenant stay.

7

How do I evict someone for a reason other than rent?

You can start a holdover case in Housing Court to evict a tenant or another person (also called an occupant). A holdover case is started for a different reason than nonpayment of rent.

Do I need a reason to evict a tenant that I don’t like?

Not if the lease has ended or if the tenant has no lease. If the lease is not over you must have a legal reason to evict the tenant, like the tenant did something that is not allowed by the lease.

What do I have to do before I can start a holdover case?

Nothing if the lease has ended and you haven’t taken any rent after the end of the lease. But, if the lease has not ended you must give (serve) the tenant a written notice before you can start a case. If the tenant or occupant has no lease you must give (serve) the tenant a written notice.

There are different written notices and you must give the tenant the right one. The written notices are called a Notice to Cure, a Notice to Quit, and a Notice of Termination.

My tenant has done something that is not allowed by the lease, what notice do I have to serve?

If the tenant has done something that is not allowed by the lease like, has a pet, or has a washing machine, or is too loud all the time, you must give the tenant a written notice called a Notice to Cure. The Notice to Cure tells the tenant what he or she is doing wrong and gives the tenant 10 days to fix the problem.

Important! If the tenant doesn’t correct the problem by the deadline in the notice, you must give the tenant a second written notice called a Notice of Termination before you can start a case.

My tenant never had a lease, and is supposed to pay me every week or every month, what notice do I have to serve?

A Notice of Termination. You do not serve a Notice to Cure.

What is a Notice of Termination?

ANotice of Termination is given to a tenant to end the tenancy. The notice tells the tenant:

the reason,

the date that the tenant must move, and

that a case will be started if the tenant doesn’t move by the deadline.

8

Form Specifications

Fact Name Fact Description
Housing Court Purpose The New York City Housing Court resolves disputes between landlords and tenants regarding housing issues.
Types of Cases Landlords can file cases for rent collection or eviction, while tenants may seek repairs or protection from harassment.
Judicial Authority Housing Court judges can order payments, evictions, repairs, or monetary compensation based on counterclaims.
Fees Starting a case costs $45, and a jury trial request incurs a fee of $70. Payments must be made via cash or certified funds.
Interpreter Services Free interpreter services are available for non-English speakers upon request at the court.
Legal Representation There is no right to a free lawyer in Housing Court; self-representation is common.
Homebound Individuals Individuals unable to attend court can have someone file papers on their behalf but must request a guardian ad litem for representation.
Case Decisions Cases are typically decided by judges without juries, although a jury trial may be requested under certain conditions.
Rent Demand Requirement Before filing for nonpayment, landlords must issue a rent demand to the tenant, notifying them of owed rent.
Special Rules for Section 8 Landlords with Section 8 tenants must adhere to specific rules outlined in their contracts before initiating legal action.

New York Landlord: Usage Guidelines

Filling out the New York Landlord form requires careful attention to detail. Each section needs to be completed accurately to ensure the process moves forward smoothly. Follow the steps below to fill out the form correctly.

  1. Begin by entering your name as the landlord or property owner at the top of the form.
  2. Provide your contact information, including your address, phone number, and email address.
  3. Fill in the tenant's name and contact information in the designated section.
  4. Include the address of the rental property where the tenant resides.
  5. Clearly state the reason for initiating the form, such as nonpayment of rent or eviction.
  6. Detail the amount of rent owed, including any additional charges like water or taxes, if applicable.
  7. Indicate whether you have made an oral or written demand for the rent, and specify the date it was made.
  8. If applicable, mention any special circumstances related to Section 8 tenants.
  9. Review all information for accuracy and completeness.
  10. Sign and date the form to certify that the information provided is true.

Once you have completed the form, you will need to file it with the appropriate Housing Court. Make sure to keep a copy for your records. After filing, you may need to prepare for the next steps in the legal process, which could involve court appearances or further documentation.

Your Questions, Answered

What is Housing Court?

The New York City Housing Court is a division of the Civil Court that addresses housing-related disputes between landlords and tenants. Landlords may file cases to collect unpaid rent or evict tenants, while tenants can seek repairs, return to their homes after eviction, or stop landlord harassment. A judge in Housing Court has the authority to order rent payments, evictions, repairs, or compensation to tenants based on counterclaims.

Can I change my tenant’s locks, or turn off the heat, water or electricity to force the tenant to move?

No, you cannot take such actions. Changing locks or shutting off utilities to force a tenant to leave is illegal and can lead to further legal complications. Always seek lawful methods to resolve disputes with tenants.

Is there a way to solve my problem without going to court?

Yes, many housing issues can be resolved through direct communication with your tenant. Consider discussing the matter openly or seeking assistance from a local community mediation center. These centers can help facilitate conversations and find mutually agreeable solutions without the need for court intervention.

Does Housing Court charge any court fees?

Yes, there are fees associated with filing cases in Housing Court. Starting a case costs $45, and if you request a jury trial, the fee is $70. Payments must be made in cash, certified check, money order, or bank check made out to "The Clerk of the Court." Personal checks are not accepted.

What if I don’t speak English well?

If language is a barrier, inform the Clerk at the court that you require an interpreter. The court will provide an official interpreter at no cost to assist you during your proceedings.

What if I am homebound and can’t come to court?

While you must appear in court to present your case, someone else can file the necessary papers on your behalf. However, that person cannot settle or represent you at trial. You may request the court to appoint a guardian ad litem to represent your interests. Hiring a lawyer is highly recommended in such situations.

What if I can’t come to court on the date I was given and need a new date?

You cannot simply call the court to request a new date. If possible, obtain the tenant's agreement for a new date in writing and submit it to the Court Clerk before your original court date. If the tenant does not agree, you can write a letter to the Judge explaining your absence or send someone to inform the Judge on your behalf. However, there is no guarantee that the Judge will grant a new date, and failing to appear could result in losing your case.

Common mistakes

  1. Failing to provide accurate tenant information. It is crucial to ensure that the names and addresses of all tenants are correct. Incorrect details can lead to delays or dismissal of the case.

  2. Not including all necessary documents. Landlords often forget to attach required documents, such as the lease agreement or rent payment records, which can weaken their case.

  3. Using outdated forms. It is essential to use the most current version of the landlord form. Outdated forms may not be accepted by the court.

  4. Ignoring the rent demand requirement. Before starting a case, landlords must first provide a rent demand. Skipping this step can result in the case being thrown out.

  5. Incorrectly calculating rent owed. Landlords should double-check their calculations to ensure they accurately reflect the total amount due, including any additional charges.

  6. Overlooking special rules for Section 8 tenants. Landlords must be aware of specific regulations that apply to Section 8 tenants, which can differ from standard procedures.

  7. Neglecting to sign the form. A signature is a basic requirement that many forget. An unsigned form will not be processed by the court.

  8. Submitting the form without making copies. It is wise to keep copies of all submitted forms for personal records and future reference.

  9. Failing to meet filing deadlines. Each case has specific timelines that must be adhered to. Missing these deadlines can jeopardize the case.

  10. Not seeking legal advice when needed. Many landlords attempt to navigate the process without professional guidance, which can lead to costly mistakes.

Documents used along the form

When dealing with landlord-tenant relationships in New York, several forms and documents often accompany the New York Landlord form. These documents help clarify rights, responsibilities, and procedures for both landlords and tenants. Understanding these forms can make navigating housing issues easier and more effective.

  • Lease Agreement: This is the primary contract between the landlord and tenant. It outlines the terms of the rental, including rent amount, duration, and rules for the property.
  • Rent Demand Letter: A formal request for overdue rent. This document serves as a warning to the tenant that failure to pay may lead to eviction proceedings.
  • Eviction Notice: This notice informs the tenant that they must vacate the property. It is typically issued after a rent demand has been ignored.
  • Holdover Petition: Used when a landlord seeks to evict a tenant for reasons other than nonpayment of rent, such as lease violations.
  • Answer to Petition: A tenant's formal response to an eviction petition. This document outlines the tenant's defenses against the eviction.
  • Affidavit of Service: This document proves that legal papers were delivered to the tenant. It is essential for court proceedings.
  • Order to Show Cause: A request to the court to take immediate action in a case, often used when urgent issues arise.
  • Judgment: A court's official decision regarding a case. This document outlines the outcome and any orders for payment or eviction.
  • Stipulation of Settlement: An agreement between the landlord and tenant that resolves the dispute without further court action. It outlines the terms both parties have agreed upon.
  • Notice of Appeal: This document is filed when a party wishes to challenge a court's decision. It initiates the appeals process.

These forms and documents play a crucial role in the landlord-tenant relationship in New York. Familiarity with them can help ensure that both parties understand their rights and responsibilities, leading to a smoother resolution of any housing issues.

Similar forms

The New York Landlord form shares similarities with several other important documents related to landlord-tenant relationships. Here are four such documents, each with a brief explanation of how they are alike:

  • Lease Agreement: Like the New York Landlord form, a lease agreement outlines the rights and responsibilities of both landlords and tenants. It specifies terms such as rent amount, payment due dates, and rules regarding property use.
  • Eviction Notice: This document serves as a formal notification to a tenant regarding the landlord's intention to terminate the tenancy. Similar to the New York Landlord form, it provides essential information about the reasons for eviction and the required steps the tenant must take.
  • Rent Demand Letter: This letter is used by landlords to request overdue rent from tenants. Much like the New York Landlord form, it establishes a clear communication channel regarding payment expectations and can serve as a precursor to further legal action if necessary.
  • Housing Court Petition: When a landlord needs to take legal action against a tenant, they file a housing court petition. This document, similar to the New York Landlord form, initiates the court process and outlines the landlord's claims against the tenant.

Dos and Don'ts

When filling out the New York Landlord form, there are several important considerations to keep in mind. Below is a list of things you should and shouldn't do to ensure a smooth process.

  • Do ensure that all information is accurate and complete.
  • Do provide a clear description of the issue you are facing with the tenant.
  • Do keep copies of all documents submitted for your records.
  • Do check if you need to provide a written rent demand before starting a case.
  • Do consult the Housing Court website for additional resources and information.
  • Don't submit the form without reviewing it for errors.
  • Don't forget to check your lease for specific requirements regarding rent demands.
  • Don't attempt to evict a tenant without following the proper legal procedures.
  • Don't rely solely on verbal communication; document all interactions with the tenant.
  • Don't assume that you will receive a lawyer from the court; consider hiring one if needed.

Misconceptions

Misconceptions about the New York Landlord form can lead to confusion for landlords and tenants alike. Here are five common misunderstandings:

  • Landlords can evict tenants without a court order. Many believe that landlords have the right to evict tenants simply by changing locks or shutting off utilities. This is incorrect. Legal eviction requires a court order, and any attempt to evict a tenant without one can lead to serious legal consequences.
  • Housing Court is free to use. Some people think that there are no costs associated with filing a case in Housing Court. However, there are fees involved, such as a $45.00 fee to start a case and a $70.00 fee for a jury trial. These fees must be paid in specific forms, such as cash or certified checks.
  • Tenants cannot represent themselves. It is a misconception that only landlords can represent themselves in Housing Court. Tenants also have the right to represent themselves, and many do so effectively without legal counsel.
  • All cases in Housing Court are resolved quickly. Many assume that Housing Court proceedings are fast and straightforward. In reality, the timeline for resolving cases can vary widely, depending on the circumstances and the court's schedule.
  • Landlords can start a nonpayment case even if the tenant has moved out. Some landlords mistakenly believe they can pursue nonpayment cases against tenants who have vacated the property. This is not true. If a tenant has returned the keys or provided written notice of their departure, the landlord cannot file a nonpayment case; they would need to pursue other legal avenues.

Key takeaways

Here are some key takeaways about filling out and using the New York Landlord form:

  • Understand Housing Court: Housing Court is where landlords and tenants resolve housing issues. Familiarize yourself with its purpose and procedures.
  • Start with a Rent Demand: Before filing a case, you must notify the tenant of the unpaid rent. This can be done verbally or in writing.
  • Know the Fees: There are fees associated with starting a case, such as $45 for a nonpayment case and $70 for a jury trial. Payments must be made via cash, certified check, or money order.
  • Interpreter Services: If you need language assistance, inform the Clerk at court. They will provide a free interpreter.
  • Documentation is Key: Keep records of all communications with your tenant, especially regarding rent demands and any agreements made.
  • Seek Help if Needed: If you’re unsure about the process, consider visiting the Housing Court’s website for resources or consult a legal professional.