1. State Notice Requirements Depend on the Grounds for Eviction
Nonpayment and holdover proceedings require different grounds and notices. Identifying the tenancy and reason for removal comes before filing any court papers.
Nonpayment Requires Two Rent Notices
Under Real Property Law (RPL) § 235-e(d), landlords generally must mail a written notice by certified mail if rent remains unpaid five days after its due date. Missing this notice may support a tenant's 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. Service must comply with RPAPL § 735, and RPL § 231-c requires a Good Cause applicability notice with the demand. Neither notice authorizes removal.
Holdover Claims Require Valid Termination
A holdover claim concerns possession after a tenancy legally ends or another statutory ground arises. Under RPL § 226-c, nonrenewal generally requires 30, 60, or 90 days' written notice, depending on occupancy or lease duration; the rule also covers rent increases of at least 5%. Other termination grounds have distinct rules.
Under RPL § 232-c, accepting rent after a fixed-term lease expires may create a month-to-month tenancy unless the parties agree otherwise.
Court Papers Have Different Service Rules
The landlord files a Petition and Notice of Petition under RPAPL § 731. Section 733 generally requires service 10–17 days before the hearing, but nonpayment proceedings under § 732 have special requirements. Section 735 governs methods and any additional mailings. Defective service may be challenged; the broader eviction process involves distinct filing and hearing steps.
2. The Property Address Determines the Court
The rental property's location determines the proper court. Nassau and Suffolk use different court structures, and filing procedures may differ even within the same county.
Nassau County Uses District and City Courts
Most Nassau landlord-tenant cases begin in District Court. Cases involving property in Glen Cove or Long Beach may also be filed in the respective City Court. The street address, not the landlord's residence, guides court selection.
Suffolk County Divides Its Courts by Town
Babylon, Brookhaven, Huntington, Islip, and Smithtown generally use the appropriate Suffolk District Court. Properties in Riverhead, Southold, East Hampton, Shelter Island, and Southampton use an applicable Town or Village Justice Court. Not every Village Court handles eviction filings.
Forms and Electronic Filing Vary
Residential Notices of Petition outside New York City use UCS-LTN1 for nonpayment or UCS-LTH1 for holdover, together with the appropriate Petition. Suffolk District Court began using NYSCEF for landlord-tenant filings on August 3, 2026, subject to applicable rules and exemptions. Do not assume the same process governs Nassau courts or East End Justice Courts.
3. Additional Housing Protections May Limit Eviction
A lease expiration does not always establish the right to possession. Rent regulation and local Good Cause rules may restrict nonrenewal or require an additional legal ground.
ETPA Coverage Depends on the Building
Certain Nassau municipalities participate in the Emergency Tenant Protection Act (ETPA), including Glen Cove, Long Beach, and the Town of North Hempstead. Coverage depends on the building, unit, regulatory history, and applicable exclusions. Qualifying tenants may have statutory renewal rights and regulated rents.
Good Cause Requires Local Adoption
Outside New York City, Real Property Law § 213 allows municipalities to adopt Good Cause Eviction protections. Confirm local adoption and statutory exemptions before asserting coverage. Where the law applies, a landlord generally needs a recognized ground for nonrenewal or removal. The Good Cause Eviction Law also addresses exemptions for certain properties and owners.
4. Lease and Payment Records Shape the Dispute
The Petition must match the tenancy and supporting documents. Both sides should compare rent calculations, notices, and lease terms before deciding what to claim or contest.
Payment Records May Reveal Errors
Review the residential lease, renewals, rent ledger, receipts, bank transfers, and service affidavits. Match payment dates and amounts against the rent demand; compare names, unit numbers, and notice dates with the Petition. Under RPL § 235-e, landlords must provide receipts for certain payments and upon request for personal-check payments.
Habitability and Retaliation May Support Defenses
RPL § 235-b provides a residential warranty of habitability. Repair requests, photographs, and inspection records may support a rent abatement or other relief. RPL § 223-b prohibits certain retaliatory conduct, but generally excludes owner-occupied buildings with fewer than four residential units.
The federal Fair Housing Act separately prohibits housing discrimination based on protected characteristics. A disputed rent balance alone does not establish discrimination.
5. Court Orders Govern Physical Removal
An expired notice or judgment does not allow a landlord to change locks or remove occupants personally. Physical eviction generally requires a court-issued warrant executed by an authorized officer.
A Warrant Triggers a Final Notice
Under RPAPL § 749, the officer generally must give at least 14 days' written notice before executing a Warrant of Eviction. A court may stay or vacate the warrant for good cause. In nonpayment cases, full payment or deposit of rent due before execution generally requires vacating the warrant unless the landlord proves bad-faith withholding.
Illegal Lockouts Create Separate Risks
RPAPL § 768 prohibits specified self-help removal tactics against qualifying residential occupants, including lock changes and essential-service interruptions. Coverage generally includes occupants who lawfully lived in the unit for at least 30 consecutive days or entered into a lease. Unlawful eviction claims can raise separate remedies and penalties.
The most useful first step is to identify the tenancy, required notices, correct court, and documents supporting each side's account.
20 Oct, 2026
