Landlord & Tenant Court

 

new Non Payment Notice of Petition (Notice of Court Date: Rent Not Paid) in Suffolk District Court is required for residential non-payment petitions (effective September 12, 2022)

Eviction Moratorium ends January 15th, 2022


 

Landlord & Tenant Court courthouses are open Monday - Friday from 9:15 a.m. to 5:00 p.m. and are closed from 1 p.m. to 2 p.m. All business must be commenced by 12:30 p.m. in the morning session and 4:00 p.m. in the afternoon.

Calendars are usually scheduled at 9:30 a.m.

Many court proceedings are being conducted virtually. Contact the court clerk to ask if you can appear virtually and for a link to the virtual courtroom.

Adjournment requests must be in writing before the court date, or in person on the court date. Many judges will accept your emailed or faxed requests in an emergency. You cannot call the court to request a postponement. Send a copy of your request to all other parties. If they have an attorney, send it to their attorney. The judge will decide if your case will be rescheduled. The law says the tenant should get one 2 week postponement from the date of the petition.

Landlord Tenant Resources

Suffolk County Residents Facing Problems With Rent Arrears May Be Eligible For Rent Assistance

Los Residentes Del Condado De Suffolk Que Se Enfrentan A Problemas Relacionados Con Atraso De Pago De Alquiler Pueden Ser Elegibles Para Asistencia

Online case tracking WebCivil Local

Landlord Tenant court schedule
L&T cases calendar days in the Suffolk District Courts

Landlord Tenant Court Forms

How to request a stay of eviction or vacate a default L&T judgment (DC-420)

NYS Attorney General Housing Issues

Tenant Questions & Answers: Nonpayment Eviction Cases in New York State

Tenant Questions & Answers: Holdover Eviction Cases in New York State

•   Real Property Law
•   Real Property Actions & Proceedings Law
•   Civil Procedure Laws and Rules

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What forms do I need to start an L&T case?

Usually a NOTICE OF PETITION and a PETITION.

For Non-Payment proceedings

new Non Payment Notice of Petition (Notice of Court Date: Rent Not Paid) in Suffolk District Court is required for residential non-payment petitions (effective September 12, 2022)

For Holdover proceedings

For other kinds of evictions, or if the available forms are not for you, a NOTICE OF PETITION and PETITION would need to be drafted by an attorney.

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How do I file my papers?

Mail or deliver your original Notice, Petition, and supporting papers and one copy of your Notice, Petition, and supporting papers, a check or money order for the filing fee payable to CLERK OF THE COURT, and a self-addressed envelope or mailer. The court clerk will index the case and mail your papers to you when the court date is assigned. If you do not have an attorney, ask the clerk to issue the Notice of Petition.

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How do I "request an adjournment" or postpone my court date?

A1: Ask the judge in court on your court date.

A2: If you cannot be in court on your court date, send a request in writing. Many judges will accept your emailed or faxed requests in an emergency. Send a copy of your request to all parties.

The judge decides if and when your case is rescheduled. Check on https://nycourts.gov/eCourts for the new court date.

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How do I request a Judgment and Warrant?

If the judge directed the clerk to "enter judgment" the clerk will produce the judgment and warrant as directed.

If the judge did not direct the clerk to enter judgment:

Attorneys must file a proposed JUDGMENT OF POSSESSION (like the Blumberg T-1412, T-1413, or T-1414) and WARRANT OF EVICTION (like the Blumberg T-1408 or T-1409) with the clerk. The clerk will generate the appropriate papers. Attorneys may submit a proposed MONEY JUDGMENT and pay the fee for a TRANSCRIPT OF JUDGMENT at the time the WARRANT and JUDGMENT are submitted, and the clerk will issue the TRANSCRIPT OF JUDGMENT to be used in enforcing any money judgment.

Self-represented landlords must request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT. If the tenant/respondent is in default, a non-military affidavit will be required. If a TRANSCRIPT OF JUDGMENT is requested the transcript fee must be paid when the request is filed with the clerk.

Include a stamped self-addressed envelope with the proposed papers or written request. The clerk will mail the papers to the attorney of record or if there is no attorney, to the self-represented landlord.

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How do I ask a judge to vacate a default judgment and stay my eviction?

Go to Court and submit a request for the judge to sign an Order to Show Cause to Vacate a Landlord Tenant Judgment.

You can get these forms from

You must explain to the judge in your papers that you have

  • a good reason for not appearing in court, AND
  • a good defense to the lawsuit

Bring photocopies of documents that help you prove your arguments.

If you appeared in court but need more time, or if things have changed that the judge may change the outcome, you may submit an Order to Show Cause.

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