Tenant's and LandloardGuide: Nonpayment Eviction Case (PDF file)

Tenant's and LandloardGuide: Nonpayment Eviction Case pdf file

Published by the New York State Unified Court System , provides tenants with essential information on nonpayment eviction cases in district, city, town, and village courts outside of New York City.

Key Topics Covered:

1. Understanding Nonpayment Eviction Cases

   • A landlord starts a nonpayment eviction case when they claim a tenant owes rent.
   • A holdover case (not covered in this guide) involves lease violations or expiration.

2. Landlord's Responsibilities Before Filing a Case

   • Must send a written notice via certified mail if rent is 5 days overdue.
   • Must send a written rent demand giving at least 14 days to pay before filing a court case.

3. Court Process and Answering the Petition

   • A Notice of Petition and Petition will include the court date.
   • The tenant must answer the petition in writing or orally in court.
   • Possible legal defenses include improper service, incorrect rent charges, refusal to accept rent, or poor apartment conditions.

4. Court Procedures

   • Tenants must prepare with proof of rent payments, photos of poor conditions, and witnesses.
   • On court day, tenants should arrive early, dress formally, and request an interpreter if needed.
   • Settlements can be made, but tenants should ensure fair terms and written agreements.

5. Trials and Court Decisions

   • If no settlement is reached, a trial will determine whether the tenant owes rent.
   • A judge may order a rent reduction (abatement) if housing conditions are poor.
   • If the tenant loses, they can appeal but must act quickly.

6. Eviction Process

   • If a judgment is entered, a Marshal, Sheriff, or Constable can issue a 14-day eviction notice.
   • The eviction can be postponed (stayed) by filing an Order to Show Cause (OSC).

7. Post-Judgment Options

   • Tenants can ask the court to stop the eviction by proving hardship or improper process.
   • If already evicted, they can request a judge to reinstate possession in extreme cases.
   • Tenants can seek additional time to pay or complete necessary repairs.

8. Legal Assistance and Resources

   • Tenants can find legal aid, dispute resolution services, and emergency financial assistance.
   • Provides information on tenant rights, rent control/stabilization, and discrimination protections.

9. Forms and Sample Documents

   • The guide includes templates for Answers, Orders to Show Cause, and Affidavits of Service to assist tenants in responding to court actions.

Important Notes:

• This guide applies only outside New York City.
• Tenants should carefully check the service of legal papers and court procedures to protect their rights.
• Settlements should be clear, fair, and documented to prevent future issues.

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