1. The Property Address Determines the Filing Court
New York's Real Property Actions and Proceedings Law (RPAPL) governs residential evictions. Filing depends on the rental address, not the landlord's residence. Commercial tenancies can differ.
Nassau County District and City Courts
Nassau County District Court handles landlord-tenant proceedings countywide. In Glen Cove or Long Beach, landlords may also file in City Court. Check the municipality before submitting papers.
Suffolk County District and Justice Courts
District Courts serve Babylon, Brookhaven, Huntington, Islip, and Smithtown. East Hampton, Riverhead, Shelter Island, Southampton, and Southold generally use Town or Village Justice Courts. Some villages lack courts, so verify the clerk and schedule.
Forms and Electronic Filing
Outside New York City, residential cases require designated forms, including UCS-LTN1 for nonpayment and UCS-LTH1 for holdovers. Since August 3, 2026, Suffolk District Court landlord-tenant actions have used the New York State Courts Electronic Filing system (NYSCEF). Confirm filing requirements with the selected court; eastern Town and Village Courts follow their own procedures.
2. The Ground for Eviction Determines the Required Notice
Unpaid rent and terminated tenancy claims require different notices and evidence. The broader eviction process is addressed separately.
Nonpayment Demands and Late-Rent Notices
RPAPL § 711(2) generally requires a written 14-day demand for rent or possession before a nonpayment proceeding. RPL § 235-e(d) separately requires certified-mail notice if rent is not received within five days after its due date; omission may support a defense. The 14-day demand must also include the applicable notice under RPL § 231-c. Compare the amount demanded with receipts and the rent ledger.
Holdovers and Lease Nonrenewal
Holdovers require a legal ground. Under Real Property Law (RPL) § 226-c, nonrenewals and proposed increases of at least 5% generally require 30, 60, or 90 days' notice based on occupancy or lease length, with exceptions. Lease expiration alone may not permit termination of a regulated tenancy.
Serving the Court Papers
Preliminary notices differ from the Notice of Petition and Petition filed with the court. RPAPL § 735 allows personal delivery or specified alternatives, but alternative service requires additional mailings. Retain service affidavits, mailing receipts, and dated copies; improper service may affect the proceeding.
3. Local Housing Protections May Restrict Termination
Statewide law may overlap with local rent protection and federal antidiscrimination rules. Check the unit's status before relying on lease expiration. The landlord-tenant law overview explains general obligations; the issue here is which protection applies to the property.
ETPA Coverage in Nassau Municipalities
The Emergency Tenant Protection Act (ETPA) operates in adopting municipalities, including Glen Cove, Long Beach, North Hempstead, and several villages. Coverage is not automatic for every unit. Building age, unit count, exemptions, and registration history matter. New York State Homes and Community Renewal maintains rent records.
Good Cause Eviction Depends on Local Adoption
Outside New York City, RPL § 213 requires municipal adoption of Good Cause Eviction. Some units remain exempt. Check the municipality's current law, building characteristics, and any required coverage notice; do not assume the entire county is covered. The Good Cause Eviction Law resource explains qualifying grounds.
Federal and State Housing Discrimination Rules
The federal Fair Housing Act prohibits discrimination based on protected characteristics, including race, disability, and familial status. New York State's Human Rights Law also protects lawful sources of income, subject to exceptions. Complaints may belong with HUD or the New York State Division of Human Rights rather than in an eviction petition.
4. Records Clarify the Claim and Possible Defenses
A lease cannot displace mandatory statutory protections. Compare each notice with the underlying records to distinguish possession claims from money disputes.
Lease Terms and Rent Payments
Preserve signed agreements, renewals, rent receipts, bank records, and messages about charges. RPL § 235-e requires receipts for cash and certain other payments. Compare each rent period with the ledger and credited payments before a nonpayment hearing.
Repairs and Habitability Evidence
RPL § 235-b provides an implied warranty of habitability in residential tenancies. Serious unsafe conditions may support a claim or defense, depending on their cause and extent. Preserve photographs, repair requests, inspection findings, and responses; tenant-caused conditions are treated differently.
Deposits and Move-Out Records
For covered units, General Obligations Law § 7-108 generally requires an itemized deduction statement and return of the remaining deposit within 14 days after the tenant vacates. Ordinary wear is not deductible. Special rules and exemptions, including for qualifying seasonal rentals, require separate review. Retain inspection reports and invoices; see the security deposit law resource for detail.
5. Judgment and Warrant Procedures Control Removal
A petition does not authorize removal. The court considers grounds and defenses before deciding possession; enforcement requires an authorized officer.
Appearances and Responses
The Notice of Petition identifies the court date. Tenants may challenge rent calculations, defective notices, improper service, or a claimed exemption from regulation. Landlords should bring supporting records. Missing an appearance can result in a default judgment; adjournment requests follow local court rules.
Warrants and Unlawful Lockouts
Under RPAPL § 749, an authorized officer generally must give at least 14 days' written notice before executing a warrant of eviction. Courts may stay or vacate warrants when the law permits. RPAPL § 768 prohibits certain lockouts, property removals, and interruptions of essential services intended to force protected occupants out.
A Final Check before Taking Action
Check the municipality, court, ground for possession, and notice dates. Confirm whether rent regulation applies and whether the matter is only at the demand stage, already filed, or subject to a warrant. These distinctions guide the next lawful step for landlords and tenants.
23 Oct, 2026
