1. Where Should a Landlord-Tenant Case Be Filed?
Nassau County District Court handles most residential eviction proceedings at 99 Main Street in Hempstead. Property location and the requested remedy determine the proper forum.
District Court and City Court Jurisdiction
District Court hears landlord-tenant proceedings throughout Nassau County. Qualifying cases involving properties in Glen Cove or Long Beach may also proceed in their respective City Courts. New York landlord-tenant law governs these proceedings, although filing procedures may differ.
Eviction Proceedings Versus Civil Money Claims
Eviction proceedings primarily seek possession. Money-only disputes involving unpaid rent, property damage, or security deposits may require separate civil actions. District Court generally handles civil claims up to $15,000 and qualifying small claims up to $5,000. County Court handles certain civil claims up to $25,000, while Supreme Court has broader jurisdiction. These limits do not automatically restrict monetary relief in summary eviction proceedings.
2. Eviction Notice Requirements before Filing
Landlords must provide notices appropriate to the grounds for possession. Nonpayment and holdover proceedings follow different requirements.
Five-Day Late Notice and Fourteen-Day Rent Demand
Under Real Property Law (RPL) § 235-e, a landlord who has not received residential rent within five days after its due date generally must send written notice by certified mail. Failure to do so may support an affirmative defense. Real Property Actions and Proceedings Law (RPAPL) § 711(2) separately requires a written demand allowing at least 14 days to pay or surrender possession, served under RPAPL § 735. The residential lease, payment records, and receipts help establish recoverable rent.
Holdover Notices and Good Cause Eviction
Holdover notice requirements depend on the grounds for termination. Certain lease violations require an opportunity to cure. RPL § 226-c generally requires 30, 60, or 90 days' notice before certain nonrenewals or rent increases of at least 5%, depending on tenancy duration.
Outside New York City, Good Cause Eviction protections apply in municipalities that have adopted the law, subject to exemptions. RPL § 231-c separately imposes applicable disclosure requirements. Landlords must distinguish notice obligations from substantive coverage.
3. Court Papers, Hearings, and Eviction Warrants
After filing, landlords must properly serve court papers and establish grounds for possession. Procedural defects may affect the proceeding.
Required Forms and Service Rules
Nonpayment cases generally use Forms UCS-LTN1 and UCS-LTN2. Holdover cases generally use UCS-LTH1 and UCS-LTH2. RPAPL § 735 permits personal delivery and specified alternative methods. Substituted or conspicuous-place service requires additional mailings. Proof of service must be filed within three days after personal delivery or the required mailing, as applicable.
Evidence and Available Defenses
Nonpayment disputes may involve incorrect balances, unapplied payments, or charges that do not qualify as rent. Holdover cases require proof of a valid ground for termination. Relevant evidence includes payment records, leases, notices, and documents supporting alleged violations. In apartment eviction proceedings, landlords must establish both substantive grounds and procedural compliance.
Settlement and Warrant Execution
Nassau County District Court uses settlement conferences. Written agreements may address payments, possession, or move-out dates. Under RPAPL § 749, an authorized officer must execute an eviction warrant after providing at least 14 days' written notice. Personal lockouts are prohibited. In nonpayment cases, full payment before warrant execution generally requires the court to vacate the warrant unless the landlord proves bad-faith withholding.
4. Where Do Repair and Discrimination Complaints Belong?
Housing-condition disputes may involve code enforcement or statutory remedies, while discrimination claims can proceed through administrative agencies or authorized court actions.
Habitability and Repair Proceedings
RPL § 235-b establishes the residential warranty of habitability. Conditions affecting health, safety, or essential services may support rent abatements. Photographs, inspection reports, and repair correspondence can establish the condition and landlord's notice.
RPAPL Article 7-A permits at least one-third of tenants in a qualifying dwelling to seek court-supervised rent administration for specified dangerous conditions. Nassau County District Court may hear qualifying cases, but RPAPL § 797(3) excludes Nassau County courts from Article 7-D proceedings.
Housing Discrimination Complaints
Housing discrimination may violate the federal Fair Housing Act, New York State Human Rights Law, or county protections. Complaints may proceed before HUD, the New York State Division of Human Rights, or the Nassau County Commission on Human Rights. Individual county complaints generally must concern conduct within one year before filing, subject to applicable rules. Advertisements, applications, and correspondence may support fair housing claims. Other agencies and court actions have separate deadlines.
5. Frequently Asked Questions
How Long Does a Landlord Have to Return a Security Deposit?
Under General Obligations Law §§ 7-107 and 7-108, landlords generally must return the remaining residential deposit and provide an itemized deduction statement within 14 days after the tenant vacates. Failure to comply forfeits the right to retain the deposit where that requirement applies. Ordinary wear and tear does not justify deductions. Certain residential arrangements follow different rules.
Can an LLC Landlord Appear in Court Without an Attorney?
An LLC generally must appear through a licensed attorney in landlord-tenant proceedings. Members or property managers cannot represent it solely through their ownership or management roles. Individuals may generally represent themselves. Certain small claims proceedings have separate representation rules.
6. What Should Be Reviewed before Filing or Responding?
A Nassau County landlord-tenant attorney can examine leases, payment records, statutory notices, court papers, and service documents to assess filing requirements and defenses. Legal review can also distinguish court proceedings from administrative complaints.
23 Oct, 2026
