Landlord Tenant Law

Landlord Tenant Law is more complicated than you might think. On this page we will point out a few ways you can help yourself through a landlord/tenant proceeding.

For Landlords

A successful eviction case involves (a) organization and (b) preparation. Unless you are prepared and organized, you run the risk of having your case dismissed for lack of proper documentation.

Unfortunately, a large number of landlords discover too late that their court forms were not prepared properly, or that they did not have basic documents required to prove their case at a hearing.

Before commencing with your case, study the local landlord tenant law, gather your documents, and make sure that you have the materials and information needed to win your case.

To see if you have a viable case, just call us to discuss it further. There is no cost or obligation for this initial consultation.

Part of proper preparation involves having a comprehensive lease ensuring your protection. Our office can assist you in structuring a lease that will protect you.

For Tenants

In New York City, summary non-payment proceedings are filed with the Civil Court of the City of New York. The Civil Court has a branch in each borough of the City.

Before you can be legally evicted from your residence, the landlord must begin a case against you in the Housing Part of the Civil Court of New York or in State Supreme Court. The rent must be demanded, (either in writing or orally) before the landlord can begin a case.

Then you must be served with papers called a “Non-Payment Petition” and “Notice of Petition”. Sometimes these papers are called a “dispossess”.

The New York landlord tenant law requires that a landlord strictly comply with all applicable laws, including but not limited to the summary proceeding statute, and all other housing laws.

Failure by the landlord to comply with substantive and procedural laws can (and often does) lead to the dismissal of a landlord’s non-payment proceeding.

Do not ignore any legal papers, notices, or postcards that come from the Court. Read them carefully. If you ignore these papers and do not go to Court, you may be evicted.

Answering the Non-Payment Petition

The non-payment petition states that you should go to Court within 5 days to answer; it also states the address of the Court. Go immediately with your non-payment petition to your borough housing Court and see the landlord/tenant clerk.

Be prepared to give your answer to the clerk, either orally or in writing. If you want to write your response, you can get the form from the clerk’s office. Once you have filed the form with the clerk, you must send a copy to your landlord or his/her attorney.

Your answer is your chance to state your defense and/or any counterclaims you may have. Most tenants choose to answer verbally. You should tell the clerk your answer and then he/she will check off your defenses and give you a copy, with the date, time, room number and which part of the housing court you will return to.

You might want to consider using the following questions as a guideline in determining your answer.

Service

How did you receive your Court papers? Were you properly served as required by law? Proper service is achieved when:

• Personal Service – You are hand delivered a copy of the petition (by someone who is 18 years old or older and not a party to the case) OR

• Substitute Service – Someone (of legal age), who lives in your apartment, is given the Petition at your address and you are sent copies by certified and regular mail OR

• Conspicuous Service – The Court papers are taped to, or slid under your door, followed by copies that are sent by certified and regular mail.

If you did not receive your court papers by any of the above methods you may have been served improperly. Be sure to tell the Clerk. Improper service can result in the dismissal of the landlord’s petition.

If you would like to see if you have a viable case, just call us to discuss it further. There is no cost or obligation for this initial consultation.

Parties

• Is your name spelled correctly in the Court papers?

• Is there another person whose name should appear in the Court papers, i.e., a roommate or a spouse?

• Is the person, corporation or company who has filed the case against you the owner of your building? If you are unsure who owns the building, you can get assistance at the Information Table.

Rent

• Were you asked to pay the rent, either orally or in writing, before receiving Court papers?

• Did the landlord refuse to take your rent?

• Is the amount of rent being claimed by the landlord incorrect? The rent being claimed may be incorrect because it is not the legal registered rent. This applies to rent stabilized and rent controlled apartments.

To find out the legal registered rent or rent history for your apartment, you can contact the Division of Housing and Community Renewal in your borough.

• Is the monthly rent being claimed different from the amount in your lease?

• Has the rent been partially or fully paid?

If you pay in cash, make sure you GET A WRITTEN RECEIPT.

Each of these factors could be important in determining your case fairly under New York Landlord Tenant Law.

• Are there conditions in your apartment, which need repair or services that are not being provided? If this applies to your situation, you may wish to consider filing a counterclaim.

In appropriate cases under New York landlord tenant law, you may be entitled to relief, including a rent abatement, compensatory damages, and punitive damages. You should also advise the court if the landlord has neglected to pay utility and/or fuel bills that the landlord is obligated to pay.

• Are you receiving public assistance and there are Housing Code violations in your apartment or building?

• Are you living in an illegal apartment? An illegal apartment is one in which the landlord does not have a valid Certificate of Occupancy from the Department of Buildings.

Other

• Did you pay for repairs, utilities, or services that should have been provided by your landlord? If this occurred, New York Law allows you to file a counterclaim. You may be entitled to compensation, and the landlord’s non-payment proceeding may be delayed until the landlord pays such bills.

• Has your personal property been damaged because your landlord failed to provide proper repairs or services?

• Do you have any other reason(s) for believing that you do not owe the landlord some or part of the amount being claimed?

• Does the rent demand and petition accurately state for which months you owe rent?

If your answer to any of the questions above is yes, you might want to consider filing a counterclaim against the landlord. You should gather photographs, receipts, and any other evidence relating to your claims.

If you or someone you know needs the assistance of an attorney who is experienced in Landlord Tenant Law, call Charles R. Gueli.

I hope this has been helpful. You can ask a question about Landlord Tenant Law here.

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