Outline
The New York Landlord form serves as an essential resource for landlords navigating the complexities of housing issues in New York City. This comprehensive document addresses a variety of common situations that landlords may encounter, ranging from nonpayment of rent to eviction processes. It outlines the steps landlords must take when dealing with tenants who are not fulfilling their rental obligations, including the necessary procedures for initiating a nonpayment case. Additionally, the form provides guidance on how to handle holdover situations, where a tenant remains in the property without permission. It also covers critical topics such as the requirements for making a roommate leave, responding to harassment claims, and addressing housing repair disputes. Importantly, the form emphasizes the significance of communication between landlords and tenants, suggesting that many conflicts can be resolved without resorting to court. For those who do need to go to court, the form details what to expect during the legal process, including how to prepare for a trial and the potential outcomes of housing court cases. Furthermore, it highlights the available resources for landlords, including court fees, mediation options, and the necessity of adhering to legal protocols. By providing this information in a clear and accessible manner, the New York Landlord form empowers landlords to make informed decisions while fostering a better understanding of their rights and responsibilities in the rental landscape.
Sample - New York Landlord Form
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
Form Information
| Fact Name | Description |
|---|---|
| Purpose of Housing Court | The New York City Housing Court addresses disputes between landlords and tenants, including issues related to rent collection and eviction processes. |
| Fees for Court Cases | Starting a case in Housing Court requires a fee of $45. If a jury trial is requested, an additional fee of $70 applies. Payments must be made in cash or via certified methods. |
| Interpreter Services | For individuals who may have difficulty with English, the court provides free interpreter services. It is essential to inform the Clerk upon arrival at court. |
| Legal Representation | In Housing Court, there is no right to a free lawyer. Individuals representing themselves are referred to as "Pro Se" litigants. |
Detailed Guide for Filling Out New York Landlord
Filling out the New York Landlord form is an important step in addressing housing issues with tenants. This process requires careful attention to detail to ensure that all necessary information is accurately provided. Below are the steps to guide you through completing the form.
- Begin by gathering all relevant information about the tenant, including their full name, address, and contact details.
- Clearly state the reason for filing the form. This could be for nonpayment of rent or another issue related to the tenant's behavior.
- Fill in the date when the issue first arose. This helps establish a timeline for the case.
- Include specific details about the amount of rent owed, if applicable. Be precise about the months and amounts.
- If there are any additional charges, such as water or tax fees, list those as well.
- Review the lease agreement to ensure compliance with any specific requirements, especially if the tenant is under a Section 8 contract.
- Complete the section for the rent demand, indicating whether it was made orally or in writing. If written, note the date it was sent.
- Sign and date the form at the bottom. Your signature confirms that the information provided is accurate to the best of your knowledge.
- Make copies of the completed form for your records and for the tenant, if necessary.
- Submit the form to the appropriate Housing Court, along with any required fees.
After completing these steps, you will have successfully filled out the New York Landlord form. The next stage involves submitting the form to the court and preparing for any subsequent actions, such as attending a hearing or providing further documentation as needed.
Obtain Answers on 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 for landlords and tenants to address housing-related disputes. Landlords typically file cases to collect unpaid rent or to evict tenants. Conversely, tenants may initiate cases to request necessary repairs, regain access to their homes after an eviction, or address harassment issues. A judge in Housing Court can issue orders for various outcomes, including payment of rent, eviction of a tenant, or mandated repairs.
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Can I change my tenant’s locks or turn off utilities to force them to move?
No, you cannot change locks or turn off essential services like heat, water, or electricity to force a tenant to vacate. Such actions are illegal and could result in further legal complications.
-
Does Housing Court charge any fees?
Yes, there are fees associated with starting a case in Housing Court. The filing fee is typically $45. If you request a jury trial, the fee increases to $70. Payments must be made in 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 at the court. They will provide you with a free official interpreter to assist you during the proceedings.
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What should I do if I cannot attend my court date?
If you cannot make it to court on your scheduled date, you cannot simply call to reschedule. You can ask your tenant for a new date and obtain written agreement. If they refuse, you may need to write a letter to the judge explaining your absence or send someone to court to inform the judge on your behalf. However, the judge may not grant a new date, and your absence could impact your case.
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Who decides the cases in Housing Court?
Cases in Housing Court are generally decided by judges without a jury. However, either party can request a jury trial if permitted by the lease agreement. A jury demand must be filed along with the appropriate fee before the trial begins.
Common mistakes
Filling out the New York Landlord form can be a straightforward process, but many people make common mistakes that can lead to complications. One frequent error is failing to provide accurate contact information. Landlords must ensure that their name, address, and phone number are correct. If this information is incorrect, it can lead to delays in communication and notifications regarding court dates or other important matters.
Another mistake often seen is neglecting to include all necessary documentation. When submitting the landlord form, it’s essential to attach any supporting documents that substantiate your claims. For instance, if you are filing for nonpayment of rent, including copies of the lease agreement and any previous correspondence with the tenant about the rent owed can strengthen your case. Missing these documents could result in the court dismissing your claim or delaying proceedings.
Many landlords also underestimate the importance of clarity in their written demands. When drafting a rent demand, it is crucial to clearly state the amount owed and the specific months for which rent is due. A vague or unclear demand can confuse the tenant and may not fulfill the legal requirements necessary to proceed with eviction. This could ultimately prolong the process and create additional frustration for both parties.
Another common oversight is failing to follow the required timeline for notifications. Landlords must understand that there are specific timeframes for issuing demands and filing cases. For example, a written rent demand must be sent to the tenant at least three days before starting a case. Ignoring these timelines can lead to the court rejecting your case, leaving you without the ability to collect the rent owed.
Some landlords mistakenly believe that they can initiate eviction proceedings without first attempting to resolve the issue with the tenant. It is essential to make a good faith effort to communicate with the tenant before resorting to legal action. This not only demonstrates a willingness to resolve the matter amicably but also fulfills legal obligations that may be required before filing a case.
Additionally, many landlords overlook the specific requirements that apply to tenants with Section 8 vouchers. There are unique rules and regulations regarding this type of tenancy, and failing to comply with them can lead to significant complications. Always read your contract thoroughly to ensure that you are following the correct procedures when dealing with Section 8 tenants.
Lastly, a common mistake is not seeking assistance when needed. The process can be daunting, and many landlords might feel overwhelmed. Utilizing resources such as community mediation centers or legal aid can provide valuable support. Remember, it’s perfectly acceptable to seek help to navigate the complexities of housing law.
Documents used along the form
When navigating the complexities of landlord-tenant relationships in New York, several key documents accompany the New York Landlord form. Each of these documents serves a specific purpose, ensuring that both landlords and tenants understand their rights and responsibilities. Below is a list of essential forms that often work in conjunction with the New York Landlord form.
- Lease Agreement: This foundational document outlines the terms of the rental arrangement between the landlord and tenant. It specifies the duration of the lease, rent amount, payment due dates, and any rules regarding property use.
- Rent Demand Letter: A formal notice sent to the tenant requesting overdue rent payments. This letter serves as a warning that legal action may follow if the rent remains unpaid.
- Notice of Eviction: This document notifies the tenant of the landlord's intent to terminate the lease and evict them from the property. It typically includes reasons for eviction, such as nonpayment of rent or lease violations.
- Affidavit of Service: A sworn statement confirming that legal documents, such as eviction notices or court papers, were properly delivered to the tenant. This document is crucial in legal proceedings to demonstrate that the tenant was informed.
- Answer to Eviction Petition: If a tenant receives an eviction notice, they may respond with this document, outlining their defense against the eviction. This response is submitted to the court and is essential for the tenant's case.
- Order to Show Cause: A request made to the court asking for an immediate hearing on a specific issue, such as a request for a temporary stay of eviction. This document can expedite the legal process in urgent situations.
- Settlement Agreement: If both parties reach an understanding, this document outlines the terms of their agreement, such as payment plans or conditions for the tenant to remain in the property. It is legally binding once signed by both parties.
Understanding these documents is vital for both landlords and tenants to navigate their rights and obligations effectively. Each form plays a significant role in the broader context of housing law in New York, helping to facilitate clear communication and legal compliance throughout the rental process.
Similar forms
- Residential Lease Agreement: This document outlines the terms and conditions between a landlord and tenant, including rent payment, duration of tenancy, and responsibilities of both parties. Like the New York Landlord form, it addresses issues related to tenant behavior and payment obligations.
- Eviction Notice: An eviction notice formally informs a tenant of the landlord's intention to terminate the lease due to violations, such as nonpayment of rent. This document serves as a precursor to legal action, similar to how the New York Landlord form guides landlords on initiating eviction processes.
- Notice to Pay Rent or Quit: This notice demands that tenants pay overdue rent or vacate the premises. It functions similarly to the rent demand described in the New York Landlord form, emphasizing the necessity for landlords to communicate payment expectations clearly.
- Roommate Agreement: This document establishes the rights and responsibilities of individuals sharing a rental property. It mirrors the New York Landlord form in that it addresses potential disputes and outlines procedures for resolving issues among cohabitants.
- Security Deposit Agreement: This agreement details the terms surrounding the collection and return of a security deposit. It is similar to the New York Landlord form in that it clarifies financial obligations and expectations between landlords and tenants.
- Tenant Application Form: This form is used by landlords to screen potential tenants. It collects personal and financial information to assess eligibility. Like the New York Landlord form, it plays a crucial role in the landlord-tenant relationship by establishing initial expectations and responsibilities.
Dos and Don'ts
When filling out the New York Landlord form, it is essential to approach the task with care and attention. Here are some important do's and don'ts to keep in mind:
- Do read the entire form carefully before starting. Understanding the requirements will help ensure accuracy.
- Do provide complete and accurate information. Incomplete forms can lead to delays or complications in your case.
- Do keep copies of everything you submit. This will help you track your case and provide proof if needed later.
- Do follow any specific instructions regarding signatures and dates. Missing these details can invalidate your submission.
- Don't use personal checks to pay any required fees. Only cash, certified checks, or money orders are accepted.
- Don't attempt to fill out the form under pressure. Take your time to ensure that every detail is correct.
By adhering to these guidelines, you can help facilitate a smoother process as you navigate the complexities of the Housing Court system in New York City.
Misconceptions
- Misconception 1: The New York Landlord form guarantees a quick eviction process.
- Misconception 2: Landlords can change locks or shut off utilities to force tenants out.
- Misconception 3: You do not need to communicate with the tenant before filing a case.
- Misconception 4: All tenants have the right to free legal representation in Housing Court.
This is not accurate. While the form provides a framework for landlords to initiate eviction proceedings, the actual process can be lengthy. Factors such as court schedules, tenant responses, and potential delays can extend the timeline significantly. Landlords should prepare for the possibility of a drawn-out process.
Many landlords believe they can take matters into their own hands by changing locks or turning off utilities. However, this is illegal. The law prohibits landlords from using self-help methods to evict tenants. Instead, landlords must follow the proper legal procedures through Housing Court.
Some landlords think they can jump straight to court without any prior communication. In reality, landlords are required to make a rent demand before initiating a nonpayment case. This serves as a formal notice to the tenant about the owed rent and the potential for eviction.
There is a common belief that tenants are entitled to free lawyers in Housing Court. However, this is incorrect. While tenants can seek assistance from legal aid organizations, there is no legal requirement for the court to provide them with an attorney. Landlords should be aware that they may face tenants who are self-represented.
Key takeaways
Understand the Purpose: The New York City Housing Court is designed to help landlords and tenants resolve housing-related issues, such as nonpayment of rent or eviction matters.
Start with Communication: Before resorting to court, try to resolve disputes through conversation with your tenant. Many issues can be settled amicably.
Know Your Fees: Starting a case in Housing Court incurs fees, such as $45 for a standard case and $70 for a jury trial. Payments must be made in specific forms, excluding personal checks.
Prepare for Court: If you cannot attend your court date, you must communicate with the tenant for a new date or provide valid reasons to the court in advance.
Legal Representation: While there is no right to a free lawyer in Housing Court, it is advisable to seek legal counsel for guidance through the process.
File Rent Demands: Before initiating a nonpayment case, you must issue a rent demand to the tenant, informing them of the owed amounts and potential eviction.
Use the Right Forms: Utilize the Housing Court's resources, including free court forms and how-to videos, available on their website to assist in filling out necessary documents.
Section 8 Considerations: If your tenant is under a Section 8 agreement, be aware of specific rules that apply before proceeding with legal actions.
Understand the Court’s Role: Judges in Housing Court typically decide cases without a jury, although you may request a jury trial if permitted by your lease.
Seek Mediation Services: If direct communication fails, consider local community mediation centers as an alternative to court for resolving disputes.