1. Eviction Notices Depend on the Grounds for Possession
A landlord must match the notice to the grounds for possession. Unpaid rent, lease expiration, and contract violations may require different steps.
Five-Day Rent Reminder and Fourteen-Day Demand
Real Property Law § 235-e(d) requires a certified-mail reminder if rent remains unpaid five days after its due date; failure may support an affirmative defense. RPAPL § 711(2) separately requires a properly served 14-day demand to pay rent or surrender possession, accompanied by the required Good Cause applicability notice. Neither notice authorizes removal without court proceedings.
When a Lease Ends or a Tenant Violates Terms
Real Property Law § 226-c generally requires 30, 60, or 90 days’ written notice of residential nonrenewal, depending on occupancy or lease length, whichever is longer. It also applies to proposed rent increases of at least five percent. Lease violations may require other notices or opportunities to cure. Rent regulation can restrict termination even after a lease expires. These issues also arise under landlord-tenant law.
2. Eviction Filings Follow Local Court Jurisdiction Rules
The property’s location determines the filing court. Most residential eviction matters go to Nassau County District Court; two cities offer an additional venue.
District Court and City Court Options
Nassau County District Court is at 99 Main Street, Hempstead, NY 11550. Glen Cove properties may also use Glen Cove City Court at 13 Glen Street; Long Beach properties may use Long Beach City Court at 1 West Chester Street. Confirm filing instructions with the selected court.
Petition Forms and Service Rules
Cases usually begin with a Notice of Petition and Petition. Residential cases outside New York City require UCS-LTN1 for nonpayment or UCS-LTH1 for holdover notices of petition. RPAPL § 741 governs petition contents, while § 735 governs service. Alternatives to personal service require specified steps, including mailings. Retain proof of service. The general eviction process does not replace those requirements.
Settlement Conferences and Court Dates
The District Court places landlord-tenant cases on an alternative dispute resolution calendar for settlement discussions. Parties may discuss payment or moving arrangements; unresolved matters can proceed before the judge. Tenants should attend as directed in the Notice of Petition because a missed appearance can affect the outcome. Any proposed agreement should be read for payment deadlines, move-out terms, and consequences of noncompliance.
3. Rent Protections Can Limit the Grounds for Eviction
Regulatory status can affect lawful rent, renewal obligations, and eviction grounds. Coverage depends on the municipality and dwelling, not the county name alone.
ETPA Rent Stabilization Is Property-Specific
The Emergency Tenant Protection Act (ETPA) operates in adopting localities, including Glen Cove, Long Beach, parts of North Hempstead, Freeport, and Mineola. Coverage generally concerns qualifying apartments in buildings with six or more units completed before January 1, 1974, subject to local rules and exemptions. Some municipalities limit coverage to larger buildings. Regulated tenants may have renewal protections. The state Office of Rent Administration provides apartment rent-registration histories.
Good Cause Coverage and Required Disclosures
Outside New York City, the Good Cause Eviction Law requires municipal adoption under Real Property Law § 213. The state’s May 4, 2026, list identifies no Nassau County municipality; subsequent enactments should be checked. Separately, § 231-c requires an applicability or exemption notice with specified leases, nonrenewal notices, rent demands, and petitions. The form expressly permits an exemption based on a municipality not adopting the law. ETPA coverage is a separate question.
Federal Housing Rights Are Distinct
The federal Fair Housing Act bars covered eviction discrimination based on protected characteristics, including race, disability, and familial status. Federally assisted housing may have additional termination rules. Federal protections do not replace state court procedures.
4. Lease Records and Legal Defenses Shape an Eviction Hearing
Each claim should be tested against dated records. Payment disputes, terminations, and notice delivery raise different evidence questions.
Compare the Lease, Ledger, and Notices
Compare the lease and renewals with rent receipts and the ledger. Check each charge, payment, credit, and disputed fee. Preserve the five-day reminder, 14-day demand, termination notices, and delivery records. An inaccurate balance may weaken a nonpayment claim; missing renewal or service evidence may affect a holdover. Keep relevant messages and emails intact.
Habitability, Retaliation, and Unlawful Lockouts
Real Property Law § 235-b provides a warranty of habitability; substantial unsafe conditions may support a rent abatement. Section 223-b restricts retaliation for specified protected tenant conduct. Preserve photographs, inspection reports, and dated repair requests. RPAPL § 768 prohibits certain lockouts and service interruptions against occupants with a lease or at least 30 days of lawful occupancy. These tenant rights do not automatically cancel rent owed.
5. A Court Warrant Generally Precedes Physical Removal
A possession judgment does not authorize a private lockout. Physical removal ordinarily requires a court-issued warrant carried out by an authorized officer, subject to applicable stays.
Warrant and Fourteen-Day Enforcement Notice
RPAPL § 749 requires the enforcing officer to give at least 14 days’ written notice and execute the warrant on a business day between sunrise and sunset. This differs from the earlier 14-day rent demand. In nonpayment cases, tender or court deposit of full rent before execution generally requires the court to vacate the warrant unless the landlord proves bad-faith withholding.
What to Check before the Hearing
Before a Nassau County eviction hearing, landlords should check grounds, notices, service, rent balance, and regulation. Tenants should compare court papers with leases, payment records, and repair requests, then attend as directed. The District Court Resource Center at 99 Main Street offers computers and scanning access. Disputed notices or housing protections may warrant individual legal review.
23 Oct, 2026
