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The New York Landlord form serves as a crucial resource for landlords navigating the complexities of housing issues in New York City. This form outlines the procedures and guidelines for landlords facing various challenges, such as collecting unpaid rent or evicting tenants for reasons other than nonpayment. It addresses common questions, including what steps to take when a tenant is not paying rent, how to handle a holdover situation, and the proper channels for initiating eviction processes. Additionally, the form provides essential information on housing court operations, including the types of cases that can be filed, the costs associated with starting a case, and the importance of delivering legal papers correctly. Landlords will find guidance on how to communicate effectively with tenants, whether through mediation or direct negotiation, and the form emphasizes the necessity of proper documentation, such as rent demands, before proceeding to court. Furthermore, it highlights the rights and responsibilities of landlords in various scenarios, ensuring that they are well-informed about the legal landscape governing their rental properties.
Similar forms
- Eviction Notice: Similar to the New York Landlord form, an eviction notice outlines the reasons for eviction and provides a timeline for the tenant to vacate the premises. Both documents serve as formal notifications to tenants regarding their lease violations.
- Rent Demand Letter: This document demands payment from tenants who are behind on rent. Like the New York Landlord form, it specifies the amount owed and the consequences of non-payment, emphasizing the landlord's right to pursue legal action if necessary.
- Lease Agreement: A lease agreement establishes the terms of the rental relationship between the landlord and tenant. It shares similarities with the New York Landlord form in that both documents outline the rights and responsibilities of each party, including payment obligations and eviction processes.
- Notice of Rent Increase: This document informs tenants of a planned increase in rent. It parallels the New York Landlord form by requiring landlords to follow specific procedures and timelines to ensure tenants are adequately notified of changes to their rental terms.
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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
•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
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
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
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
Common mistakes
When filling out the New York Landlord form, many people make mistakes that can complicate their cases. One common error is failing to provide accurate tenant information. This includes names, addresses, and any relevant identification numbers. Inaccurate details can lead to delays or even dismissals of the case.
Another frequent mistake is not including all necessary documentation. Landlords must attach supporting papers that demonstrate the basis of their claims. Missing documents can weaken a case and may result in unfavorable outcomes. Always double-check to ensure all required paperwork is included before submission.
Some landlords forget to properly serve the tenant with the eviction notice. This step is crucial, as the court needs proof that the tenant was informed of the proceedings. If the tenant did not receive the notice, it can lead to complications in court. Make sure to follow the correct service procedures to avoid this issue.
Additionally, many landlords neglect to keep copies of everything they submit to the court. Having a personal record of all forms and correspondence is essential. This practice can help clarify any misunderstandings and provide evidence if disputes arise later.
Another common error is misunderstanding the timeline for filing. Each type of case has specific deadlines that must be met. Missing these deadlines can result in losing the right to pursue the case. Be aware of all relevant timelines and plan accordingly.
Some landlords also fail to understand the importance of the rent demand notice. This notice is a prerequisite for starting a nonpayment case. If a landlord skips this step or does it incorrectly, they may find themselves unable to proceed with eviction. Always ensure that the rent demand is properly issued and documented.
In some instances, landlords may not be aware of the special rules that apply to Section 8 tenants. These rules can differ significantly from standard eviction processes. Ignoring these regulations can lead to complications or dismissals of cases involving Section 8 tenants.
Furthermore, many landlords do not seek legal advice or assistance when needed. Navigating the Housing Court can be complex, and having a knowledgeable attorney can make a significant difference. Seeking help can prevent costly mistakes and streamline the process.
Lastly, some landlords may underestimate the importance of being prepared for court. This includes being ready to present their case clearly and effectively. Failing to prepare can result in a lack of confidence and a poor presentation, which may negatively impact the outcome of the case.
More About New York Landlord
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What is Housing Court?
The New York City Housing Court is a part of the Civil Court system. It serves as a venue where landlords and tenants can resolve their housing-related disputes. Landlords typically initiate cases to collect unpaid rent or to evict tenants, while tenants may file cases to seek necessary repairs, regain access to their apartments after an eviction, or address issues of harassment by landlords. A Housing Court Judge has the authority to make decisions that can include ordering rent payments, evicting tenants, mandating repairs, or awarding monetary compensation to tenants.
-
Can I change my tenant’s locks or turn off utilities to force them to move?
No, you cannot take such actions. Changing locks or shutting off heat, water, or electricity is illegal and can lead to serious legal consequences. It is crucial to follow proper legal procedures when dealing with tenant issues.
-
Does Housing Court charge any fees?
Yes, there are fees associated with filing cases in Housing Court. For instance, it costs $45.00 to initiate a case, and if you wish to request a jury trial, the fee is $70.00. Payments must be made using cash, certified checks, money orders, or bank checks made out to “The Clerk of the Court.” Personal checks are not accepted.
-
What if I don’t speak English well?
If you have limited English proficiency, inform the Clerk when you arrive at court. The court will provide an official interpreter at no cost to assist you during the proceedings.
-
What should I do if I can’t attend court on my scheduled date?
Unfortunately, you cannot simply call to reschedule your court date. If you need a new date, try to get the tenant's agreement for a reschedule in writing and present it to the Court Clerk. If the tenant does not agree, you can write a letter to the Judge explaining your situation or send someone to court on your behalf. However, be aware that the Judge may not grant your request for a new date, and failing to appear could result in losing your case.
-
Who decides cases in Housing Court?
Cases in Housing Court are typically decided by a Judge. There is no jury involved unless you specifically request a jury trial and pay the associated fee. If you do not have a lease or your lease does not prevent it, you may ask for a jury trial, but approval is at the Judge's discretion.
Misconceptions
Here are seven common misconceptions about the New York Landlord form, along with clarifications for each:
- Landlords can evict tenants without going to court. Many believe they can simply change the locks or turn off utilities. This is false. Eviction must go through the Housing Court.
- All court fees are waived for landlords. Some think there are no costs involved. In reality, starting a case incurs a fee of $45. Additional fees apply for jury trials.
- Tenants must be given a notice before starting a nonpayment case. Some assume they can go straight to court. However, a rent demand must be issued first to inform the tenant of the owed rent.
- Landlords can start a case for unpaid rent if the tenant has moved out. This is incorrect. If a tenant has vacated the premises and returned the keys, a nonpayment case cannot be initiated.
- Housing Court provides free legal representation. Many think they will be assigned a lawyer. However, there is no right to a lawyer in Housing Court, and landlords must represent themselves.
- All tenants are treated the same in court. Some believe all cases are handled uniformly. In fact, special rules apply for Section 8 tenants, and landlords should be aware of these regulations.
- Landlords can ask for a new court date at any time. This is a misconception. If a landlord cannot attend, they must seek the tenant's agreement for a new date, and it must be documented before the original court date.
Understanding these misconceptions can help landlords navigate the complexities of the Housing Court more effectively.
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Key takeaways
Understanding the New York Landlord Form is essential for anyone involved in rental agreements in the city. Here are some key takeaways to keep in mind:
- Know the Purpose: The New York City Housing Court is where landlords and tenants resolve housing issues, including eviction and rent collection.
- Rent Demands: Before starting a case for nonpayment, landlords must issue a rent demand to inform tenants of the owed amounts.
- Fees Apply: Starting a case in Housing Court incurs fees, such as $45 for a standard case and $70 for a jury trial.
- Interpreter Services: If language is a barrier, landlords can request a free interpreter when they go to court.
- Legal Representation: While landlords can represent themselves, there is no right to a free lawyer in Housing Court.
- Case Decisions: Most cases are decided by judges, and a jury trial is only available under specific conditions.
- Resources Available: The Housing Court's website offers free forms, how-to videos, and additional information to assist landlords and tenants.
By keeping these points in mind, landlords can navigate the process more effectively and ensure they are following the necessary legal steps. Understanding the form and its requirements can help avoid complications down the line.
New York Landlord: Usage Guide
Filling out the New York Landlord form requires careful attention to detail. This form is essential for landlords to communicate their needs and intentions clearly. Below are the steps to complete the form accurately.
- Gather necessary information about the tenant, including their full name, address, and contact details.
- Collect details regarding the rental property, such as the address and unit number.
- Determine the reason for filling out the form. This could be related to nonpayment of rent, eviction, or other housing issues.
- Clearly state the amount of rent owed, including any additional charges like utilities or late fees.
- If applicable, prepare a written rent demand. Ensure it includes the specific months and amounts owed.
- Decide whether you need to provide an oral or written rent demand. If written, ensure it is sent at least three days before starting the case.
- Review the lease agreement for any specific requirements regarding notices or demands.
- Complete the form, ensuring all information is accurate and legible.
- Sign and date the form where indicated.
- Make copies of the completed form for your records and for the tenant.
- Submit the form to the appropriate Housing Court along with any required fees.