1. Which Eviction Proceeding Fits the Landlord's Claim?
RPAPL Article 7 distinguishes unpaid-rent proceedings from cases involving continued occupancy. The grounds determine the required notices and evidence.
| Tenant situation | Proceeding | Essential evidence |
|---|---|---|
| Unpaid rent | Nonpayment | Ledger and receipts |
| Material lease violation | Holdover | Lease and breach records |
| Occupancy after termination | Holdover | Lease history and notice |
Unpaid rent
- ProceedingNonpayment
- Essential evidenceLedger and receipts
Material lease violation
- ProceedingHoldover
- Essential evidenceLease and breach records
Occupancy after termination
- ProceedingHoldover
- Essential evidenceLease history and notice
Nonpayment Claims and Rent Notices
RPAPL § 711(2) generally requires a written demand giving tenants at least 14 days to pay rent or surrender possession. RPL § 235-e(d) separately requires certified-mail notice when rent remains unpaid five days after its due date. RPAPL § 702 generally excludes late fees and non-rent charges from residential summary proceedings, with a limited cooperative-housing exception. Compare demands with receipts and credits. The New York eviction lawyer guide explains notice requirements and payment calculations.
Lease Violations and Holdover Claims
A holdover case requires lawful grounds, such as a substantial lease breach or valid termination. Some violations require notice and an opportunity to cure. RPL § 226-c generally requires 30, 60, or 90 days' written notice for qualifying residential nonrenewals, depending on occupancy and lease duration. It also covers proposed rent increases of at least 5%. Insufficient notice may extend existing tenancy terms.
2. Does the Property Have Additional Eviction Protections?
Rent stabilization, local Good Cause Eviction adoption, and federal housing programs can restrict termination. Each has separate coverage requirements.
ETPA and Rent-Stabilized Apartments
The Emergency Tenant Protection Act operates in adopting Nassau County municipalities, including Glen Cove, Long Beach, North Hempstead, Freeport, and Mineola. Coverage generally concerns buildings with at least six apartments constructed before January 1, 1974. Some municipalities have higher unit thresholds, and exemptions apply. Check construction records, unit counts, and registration history with New York State Homes and Community Renewal (HCR). Regulated tenants may retain renewal rights after lease expiration, limiting the grounds for removal.
Good Cause Eviction and Federal Housing Rules
Outside New York City, substantive Good Cause Eviction protections depend on municipal adoption and statutory exemptions. Nassau County location alone does not establish coverage. RPL § 231-c separately requires coverage-or-exemption disclosures in specified leases, renewals, notices, and eviction petitions. Public housing and certain federally assisted properties may also require additional termination procedures. Review the applicable program documents before filing.
3. Where Should a Nassau County Eviction Case Be Filed?
The property's location determines the available court. The petitioner must have a legal right to possession and state the grounds accurately.
District Court and City Court Jurisdiction
Nassau County District Court hears landlord-tenant proceedings at 99 Main Street, Hempstead. Properties in Glen Cove or Long Beach may also qualify for filing in the appropriate City Court. Residential cases generally require a Notice of Petition and Petition. Courts outside New York City use UCS-LTN1 for nonpayment and UCS-LTH1 for holdover notices.
Petition Service and Supporting Evidence
RPAPL § 735 governs service of court papers. Substituted or conspicuous-place service requires additional registered or certified and first-class mailings. Proof of service must be filed within the applicable deadline. For apartment eviction proceedings, prepare:
- Deed, ownership records, and signed leases
- Rent ledger, receipts, and payment communications
- Rent demands or termination notices with service proof
- Photos and correspondence supporting alleged breaches
- HCR registration records when regulation is disputed
Payment records establish the amount claimed. Service affidavits establish compliance with delivery requirements. One cannot replace the other.
4. What Can Prevent a Landlord from Recovering Possession?
Tenants may challenge notices, dispute alleged violations, or raise statutory defenses. A filed petition does not guarantee a possession judgment.
Tenant Defenses and Evidence Problems
Incorrect rent calculations or defective notices may undermine a claim. Under RPL § 235-b, serious housing conditions may support a warranty-of-habitability defense and rent reduction. RPL § 223-b also restricts retaliation following protected tenant activity. Maintenance records, inspection reports, and communications may help assess these allegations. Accepting rent after termination can affect a holdover claim, depending on the circumstances. Preserve original records and document subsequent payments.
Judgment, Warrant, and Lawful Removal
A possession judgment does not permit personal removal by the landlord. RPAPL § 749 generally requires an authorized officer to provide at least 14 days' written notice before executing an eviction warrant. In nonpayment cases, tendering or depositing all rent due before execution generally requires the court to vacate the warrant unless the landlord establishes bad-faith withholding. Courts may also grant stays or vacate warrants on other legal grounds. Review outstanding orders and payments before proceeding with eviction enforcement.
5. Frequently Asked Questions
Do Nassau County Landlords Need an Attorney to File an Eviction?
Individual owners may generally represent themselves. Corporations and LLCs ordinarily require attorney representation in District or City Court. Confirm the property's legal owner and the petitioner's authority before filing.
How Much Does an Eviction Case Cost in Nassau County?
Nassau County District Court lists a $45 fee for filing the first paper in a summary proceeding. Service charges, attorney fees, additional hearings, and warrant execution may increase costs. Fee agreements should distinguish initial filing from contested hearings and enforcement.
6. Request a Nassau County Eviction Case Review
A case review can identify valid grounds for possession, outstanding notice requirements, and regulatory restrictions. Our attorneys can examine ownership records, leases, payment histories, and service documents. Representation may include preparing petitions, addressing tenant defenses, negotiating settlements, and reviewing enforcement requirements. Bring existing notices, recent payment records, and court documents to establish the case's procedural status and available next steps.
09 Nov, 2026
