New York Courts dot gov
New York StateUnified Court System

 


Notice to Objectionable Tenant

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

If there is no lease, the tenant must be given one month's notice to leave. If there is a written lease, the lease must be terminated by its terms.

Note: If the grounds for eviction are alleged an illegal business is being operated such as drug dealing, then there are special procedures set forth in the New York Real Property Actions and Proceedings Law Section 711(5). Copies of the law may also be obtained from the Law 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:

Monetary Jurisdiction - (Section 204 UCCA)
The Court may render judgment without regard to amount.

Geographical Jurisdiction - (Section 204 UCCA)
Property must be located in whole or in part within the City.

Filling Fee: $45.00 which must be paid to the Court. The Court will accept cash, money order, or in some instances, checks.

Required Forms:
1. NOTICE OF PETITION
This paper can be signed by an Attorney, the Judge, or the Clerk of the Court. If the Judge or Clerk of the Court is requested to sign the Notice of Petition, the document must be completed by the Landlord and submitted to the City Court office 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. (You must count Saturdays, Sundays, and holidays in calculations but cannot count the service date).

2. PETITION
The Petition is a document which must be completed by the Landlord and attached to the Notice of Petition. 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 by appearing in City Court and the Judge, Clerk of the Court or Attorney 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 $45 filing fee. The original is filed with the court, a copy for the files, and one for each person being served. 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.

3. AFFIDAVIT OF SERVICE (for service of Notice of Petition and Petition)
This Affidavit of Service is 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 who serves the papers must not be a party to the action. The Landlord or owner of the property may not serve the Notice of Petition and Petition.)

If possible, personal delivery of the Petition and Notice of Petition should be made upon the respondent-tenant. In cases where personal delivery is not possible, service may be made upon an individual of suitable age and discretion residing at the property followed within one day by a first class and registered or certified mailing or, if the process service has exercised reasonable application and was unable to serve the Notice of Petition and Petition on an individual, by "Nail and Mail". That is; posting the papers on the door of the residence of the respondent-tenant AND within one day, mailing a copy of the papers by certified mail or registered mail (Section 735 RPAPL) and by first class mail.

The Affidavit of Service must be filed with the Court within 72 hours of service. It is good practice to file the Affidavit of Service with the Court at the same time that you file the Notice of Petition and Petition. FAILURE TO FILE THE AFFIDAVIT OF SERVICE WITHIN 72 HOURS OF THE SERVICE DATE 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.

Note: The $45 filing fee cannot be returned.

If the Court orders the tenant to be removed from the premises, the Court may sign the following document:

4. WARRANT
If the Court orders a Warrant of Eviction, the Court will sign the Warrant of Eviction which enables the local law enforcement agency (i.e.: Sheriff, Police, marshal, City Constable) to remove the tenant(s) from the premises.

The warrant form should be filled out completely. The heading should include both the Petitioner/Landlord and the Respondent/Tenant's full name and complete address. The Index No. is the City Court docket number. The Tenant's name should be placed after the "TO" and all blank lines are to be completed with all necessary information. All addresses are to include the house number, street, city, state, and zip code.

SOME COURTS MAY GENERATE THE WARRANT OF EVICTION FOR YOU.

Note: There is a mandatory 72-hour waiting period between the time the tenant is served with the warrant and when the tenant may be removed from the premise by the local law enforcement agency. The Warrant of Eviction must be executed during the daylight hours.

City Court Home Page