The court clerks cannot complete the papers for you, assist you in the interpretation of these instructions, or give legal advice.
If you do not understand any portion of these instructions, consult an attorney.
The NYS Courts Access to Justice Program is pleased to announce a new publication, "Tenant Questions and Answers: Holdover Eviction Cases in New York State."
The NYS Courts Access to Justice Program has also added a new Spanish language feature to the Tenant Vacate Default Judgment DIY (Do-It-Yourself) Form Program (https://www.nycourts.gov/courthelp/diy/tenantVacateDefault.shtml) for Spanish speaking unrepresented litigants.
If you decide to take action against your tenant without an attorney, you have to determine which Landlord & Tenant proceeding applies to your circumstances.
- The most common Landlord and Tenant proceeding is called a “Non-Payment Proceeding” pursuant to an existing oral or written agreement under which premises are held.
- If the lease with your tenant has recently ended, or if you want the tenant removed for any reason other than non-payment of rent and the tenant continues to remain on premises, your proceeding is called a “Holdover Proceeding” (whether the tenant is current with his rent or not).
- You may commence an action for both a “Non-Payment” proceeding and a “Holdover Proceeding” at the same time. Different time periods apply.
Landlord-tenant proceedings are a two-step process.
First: you must give the tenant proper notice before coming to court
- Property must be in the City of Little Falls
- Obtain the following papers from a Legal Supply store:
- Three Day Notice to Tenant (Non-Payment Proceeding) or Thirty Day Notice (Holdover Proceeding)
- Affidavit of Service
- Prepare Three Day or Thirty Day Notice. Make photocopy of notice.
- Have the photocopy of notice served upon the tenant. Keep the original notice. You will need it to bring to court. The notice must be served by someone other than the landlord who is 18 years of age or older. NOTE: If more than one tenant, BOTH tenants must be served. An affidavit of service for BOTH tenants must be filed with the court.
- An Affidavit of Service must be signed by the person who served the papers. The signature must be notarized, and the Affidavit returned to you. You will need to bring this document to court also.
- Manner of Service - Service of the Three Day or Thirty Day Notice shall be made by personally delivering said items to the respondent or by delivering to and leaving personally with a person of suitable age and discretion who resides or is employed at the property sought to be recovered. If admittance cannot be obtained and said person found, affix a copy of the notice upon a conspicuous part of the property sought to be recovered or place the notice under the entrance door of such premises. In addition, within one day after such delivering to such suitable person or such affixing or placement, you must mail to the respondent the Three Day or Thirty Day Notice both registered or certified mail and regular first class mail.
- Wait three days, or thirty days, whichever applies to your circumstances.
Second, if your problems with your tenant have not been resolved, proceed with the following steps:
The filing fee for a Landlord & Tenant matter is $ 45.00. This is to be paid to the court at the time of the signing of the Notice of Petition in the form of cash, certified check or money order.
- Obtain the following papers from a legal supply store:
- Notice of Petition
- Petition to Recover Real Property
- Warrant of Eviction (should be completed for the court appearance)
- Statement for Judgment (should be completed for the court appearance).
- Prepare Notice of Petition (notice to tenant to appear in court), and Petition to Recover Real Property. The Notice of Petition must be signed by the Clerk of the Court or an attorney, not the landlord. The Petition to Recover Real Property must be signed by the landlord. The court date will be set when the Notice of Petition is signed by the Clerk of the Court and the filing fee is paid. Make a photocopy of the Notice of Petition and the Petition to Recover Real Property. The Court will retain the originals.
- Have the photocopy of the Notice of Petition, and the Petition to Recover Real Property served upon the tenant. The notice must be served by someone other than landlord who is 18 years of age or older. These documents must be served at least 5 days and not more than 12 days before the court date. NOTE: If more than one tenant BOTH tenants must be served. An affidavit of service for BOTH tenants must be filed with the court.
- Affidavit of Service must be signed by the person who served the papers. The signature must be notarized and the affidavit returned to you. See manner of service. Within three days of the Notice of Petition (Notice to tenant to appear in Court) and the Petition to Recover Real Property being served, bring all of your original documents (Three Day or Thirty Day Notice with Affidavit of Service from the first step, Affidavit of Services for the Notice of Petition and Petition to Recover Real Property) to court for filing.
- Report to court on your scheduled court date.
- If the Judge renders a decision in favor of the landlord, you must supply forms (c) and (d) from above for the Judge’s signature. Bring the completed forms to the Court Clerk’s Office.
- A $6.00 fee will be charged for transcript of judgment.