30 Day Notice to Vacate Dc Family Member Form
MORATORIUM ON EVICTIONS ENDS January 15, 2022
Pursuant to Administrative Lodge 34/22, effective January 15, 2022, all residential and commercial eviction matters, both nonpayment and holdover, may proceed in the normal form. Hardship Declarations previously submitted to the courts will no longer automatically stay eviction proceedings and no new Hardship Declarations may exist filed. All residential eviction matters volition proceed pursuant to AO/245/21 and remain subject to the conference requirements ready forth therein.
Previously filed Hardship Declarations that accept non been deemed invalid by whatever court may still exist used as evidence of a COVID-nineteen related financial hardship by tenant-respondents in residential eviction matters. Residential eviction matters where a tenant-respondent has practical for COVID-19 Emergency Rental Aid (ERAP) continue to exist stayed until a final determination of eligibility is issued by the Country or local programme processing the respondent-tenant's rental assistance application. Final conclusion of eligibility occurs when the ERAP appeals process has been exhausted. An exception to the stay pending a final decision of eligibility for ERAP assistance exists where it is alleged within the petition that the tenant is a Nuisance or is engaging in Objectionable conduct. In such cases, the courtroom will make up one's mind whether the stay should continue post-obit a hearing.
*Tenant Safety Harbor Act*
The Tenant Safe Harbor Act (TSHA) continues to remain in issue in residential eviction proceedings. The TSHA extends the moratorium on evictions of residential tenants with COVID-19 related hardship during the "COVID-xix covered menstruum," from March 7, 2020 until January 15, 2022. Accordingly, a court cannot issue a warrant of eviction or other possessory judgment against a residential tenant that has suffered a financial hardship during the COVID-19 covered period for non-payment of rent. A tenant may raise fiscal hardship equally an affirmative defense in whatever residential summary proceeding where the basis for the proceeding is the non-payment of rent under Commodity 7 of the RPAPL. The TSHA does not prohibit a court from application a money judgment for the rent due and owed to a successful petitioner in a RPAPL Article 7 summary proceeding.
*Warrants*
All applications for warrants on judgments issued afterward March 16, 2020, but prior to September 2, 2021, shall exist presented by move on notice to the tenant to ensure i) the warrant complied with the requirements set forth past the laws, orders and procedures that were in effect at the time of issuance, and 2) there are no further stays applicable to the proceeding.
The briefing requirement for execution of warrants of eviction issued prior to March 17, 2020, remains in effect pursuant to AO/245/21.
*Default Judgments*
The Court is no longer required to hold a hearing upon motion of the petitioner earlier issuing a default judgment authorizing an eviction in a residential eviction matter or authorizing the enforcement of an eviction pursuant to a default judgment. No judgment or warrant shall be issued on default without a motion to the court by the petitioner.
For more information including a link to AO/34/22 and its accompanying memorandum from Main Administrative Estimate Lawrence One thousand. Marks dated January 17, 2022, please visit the following link:
All Landlord & Tenant Court courthouses are open Mon - Friday from nine:15 a.chiliad. to five:00 p.m. and are closed and locked from 1 p.chiliad. to two p.k. All business must be commenced by 12:30 p.m. in the morning session and 4:00 p.yard. in the afternoon.
Calendars are chosen at 9:30 a.k., unless an alternate time has been designated by the courtroom.
During the Covid-19 coronavirus pandemic, many court proceedings are being conducted most. The court will contact you with instructions on how to announced remotely if your proceeding is to be conducted virtually.
Banishment requests must be in writing and will not be considered by phone. The party requesting the adjournment must provide the Court and all other parties named in the case with a copy of the letter request for the adjournment/postponement. 1 (i) adjournment/postponement of not less than xiv (14) days will be granted to the first party to make a proper, timely request. All subsequent adjournment/postponement requests are left to the discretion of the court.
Landlord and Tenant (50&T) cases require a high level of agreement of the police and rules of New York State. While y'all accept a right to proceed without an attorney, the Courtroom suggests that you consult with an attorney before proceeding equally a self-represented litigant.
The most mutual types of eviction proceedings are:
•Non-Payment proceedings - brought only after there is a default in the payment of rent, and the landlord demands that the tenant pay the rent or motility from the property (there is no mandatory dollar limit or cap on the amount of proven unpaid rent that may be awarded in a money judgment in a summary proceeding). (meet RPAPL §711)
•Holdover proceedings - generally brought when a person or business remains in possession of real belongings later on the tenancy has either been terminated or expired by its own terms. For instance, when a lease ends on a certain engagement or afterward service of a termination notice. (see RPAPL §711)
• A party may also bring a proceeding claiming Nuisance (Nuisance proceedings) in which the tenant or occupant uses the property or commits acts on the property that interfere with some other'south correct to utilize and enjoy the property and/or poses a safe risk or run a risk to others at the property.
• For information on other types of Landlord Tenant proceedings, delight speak with an chaser.
Additional Landlord Tenant Resources
The diverse L&T resources are provided to offering a bones agreement of L&T Court. This information is not to be considered in any way as providing legal advice regarding your particular matter nor is it a substitute for you seeking the advice of counsel.
Landlord and Tenant proceedings require a high level of agreement of the laws and rules of New York State, including:
Oftentimes Asked Questions
How to request a stay of eviction or vacate a default L&T judgment (DC-420)
Please also see:
- NYS Attorney General Housing Problems
- Nassau Canton Commune Courtroom 50&T Forms and Guides for Landlords and Tenants
- Tenant Questions & Answers: Nonpayment Eviction Cases in New York Land
- Tenant Questions & Answers: Holdover Eviction Cases in New York State
What is a Landlord-Tenant (Fifty&T) court case?
Practise I need an attorney for an L&T example?
What forms practise I demand to start an 50&T example?
How do I fill out these forms?
Do I need to practise anything before I file papers with the Court?
How does the Tenant find out about the court date?
What should I bring to Court on the court date?
What happens in Court on the courtroom appointment?
What happens at the conclusion of my L&T case?
How practice I asking a Judgment and Warrant?
Can I evict my son / girlfriend / roommate?
Tin can a tenant bring a landlord to Court?
I have been served with eviction papers. What do I do?
What happens if I am a tenant and I practice non appear in Court later on receiving a NOTICE OF PETITION?
How do I enquire a Judge to vacate a default judgment and stay my eviction?
What is a Landlord-Tenant (50&T) court instance?
Landlord-Tenant (50&T) court cases generally seek the relief of an lodge of the Court directing the rightful possession of existent belongings – residential or commercial – back to the landlord. In other words, the landlord/petitioner is asking a Judge to issue an order directing the eviction of a tenant who refuses to exit the belongings by a certain date. Evictions are filed pursuant to Article vii of the Real Property Deportment and Proceeding Law (RPAPL) summary proceedings to recover possession of real property.
The two near mutual types of eviction proceedings are:
- Not-Payment proceedings - brought only after there is a default in the payment of rent, and the landlord demands that the tenant pay the rent or motility from the property (there is no mandatory dollar limit or cap on the amount of proven unpaid hire that may be awarded in a money judgment in a summary proceeding.(see RPAPL §711)
- Holdover proceedings - generally brought when a person or business remains in possession of real holding after the tenancy has either been terminated or expired. For example, when a lease ends on a certain appointment or later on service of a termination notice. (meet RPAPL §711)
There are other types of L&T proceedings (some are listed in RPAPL §713 and RPAPL §715). You should speak with an attorney for legal communication on how to properly draft your court documents.
On occasion, Tenants may also file L&T cases either following an unlawful eviction (self-help by the Landlord) or to require a Landlord to set a dangerous or life-threatening condition at the property. These cases are special proceedings filed pursuant to RPAPL Commodity 7A: special proceedings to remedy conditions unsafe to life, health or prophylactic.
L&T proceedings are specialized and procedural rules must be followed strictly.
Practise I need an attorney for an Fifty&T case?
This Court strongly recommends that y'all retain an attorney. Proceedings to recover real property require knowledge of the law and familiarity with local rules and practices.
If yous are an individual who chooses to proceed without an attorney, you will be responsible for preparing your papers in accordance with the law without any assistance from the Court Clerk or the court staff.
Corporations must take an chaser announced for them in Court. (CPLR § 321(a)).
What forms do I need to commencement an L&T case?
Usually a Observe OF PETITION and a PETITION. Unfortunately, at present, many of the pre-printed Court forms are unavailable due to recent changes in the law. Periodically, the forms will be updated, so please bank check back periodically.
For Non-Payment proceedings
- T-1407 Discover OF PETITION & T-1406 NON-PAYMENT PETITION from blumberglegalforms.com.
- the PETITION and NOTICE OF PETITION generated by the DIY INTERVIEW & FORMS: Small Property Owner Nonpayment Petition Program at nycourthelp.gov .
For Holdover proceedings
- Small Belongings Owner Licensee Holdover Petition Plan
- Minor Property Owner Squatter Holdover Petition Program
- T-1411 NOTICE OF PETITION & T-1410 HOLDOVER PETITION from blumberglegalforms.com.
For other kinds of evictions, or if the bachelor forms are not for you, a NOTICE OF PETITION and PETITION would demand to exist drafted by an attorney.
How do I fill out these forms?
If you wish to go along without an attorney, you will exist responsible for preparing your papers in accord with the police force, without assistance from the court staff.
Forms must be completed using BLACK ink simply and submitted in duplicate to the Court Clerk for signature. You must pay a filing fee and get an index number. The Court Clerk will help you in setting a court date in order to ensure that Court will be in session.
A Detect OF PETITION must exist issued by an attorney or the Court Clerk to hogtie the appearance of the tenant in Court. The Courtroom Clerk will review your forms if you have no attorney and sign the NOTICE OF PETITION simply if the papers are correct.
Practise I need to practice anything before I file papers with the Court?
Probably. For the majority of Fifty&T cases, there are specific legal prerequisites (Predicate Notice) to the establishment of your proceeding to recover real holding (such as a five (five) twenty-four hours late rent reminder and a fourteen (xiv) day rent demand for Non-payment proceedings; and a 10 (10) day notice, a 30 (xxx) day notice, a sixty (threescore) day detect, a 90 (90) twenty-four hour period notice, or a notice of longer duration in a majority Holdover proceedings). Providing a proper Predicate Notice – content, timeliness and proper blazon of service – is an element of the Landlord's instance. The failure to adhere to the applicable laws pertaining to Predicate Find may exist a basis for the L&T case to exist dismissed. You should consult with an attorney or refer to the Real Belongings Law or Real Property Actions & Proceedings Police to exist certain y'all have satisfied all requirements.
How does the Tenant find out about the court engagement?
The tenant will be served with a copy of the Notice of Petition that lists the time, date and location to appear in court.
The landlord or the landlord'southward attorney will accept a process server or whatsoever non-party over the historic period of eighteen (18) serve a re-create of the papers filed with the Court on each tenant.
Professional process servers may be institute in the phone book or online. A re-create of the papers must be served past someone over the historic period of 18, who is not a party to the action. Service must be in full compliance with the law.
Later on each tenant is served with a copy of the papers, the process server must swear on a form chosen an Affirmation OF SERVICE as to how the papers were served. In most cases, proof of service must be filed with the clerk inside 3 (3) of effecting service.
As of June 2019, the Notice of Petition and Petition must be served upon the respondent/tenant no more than seventeen (17) days but no fewer than ten (10) days before the court date listed on the notice. Delight consult with an attorney if you have questions regarding the timing of notices provided in your case.
All time to come court dates, if any, volition be set during courtroom proceedings or upon notice by the courtroom. If the next engagement is provided past observe from the court, the court volition notify parties of the next court engagement by mail and provide instructions on ways to attend almost if applicable. You can besides look up your next court date on WebCivil Local by searching by index number, political party name, attorney name, or estimate name, or calendar information by court, judge and role.
What should I bring to Courtroom on the court engagement?
Bring with you all prove necessary to prove your claim or your defense. Anything that will help prove the facts in dispute should be brought to Court. This includes written agreements, leases, receipts and photographs. Originals (not photocopies) may be required, if available. All public documents must be certified past the bureau producing such documents (a certification is a statement that the documents are true copies of an bureau'south records - the agency should be able to tell you lot how to get the records certified).
Landlords should bring:
- the original or certified copy of the act to the building
- the lease or written agreement for the party you are suing, if in that location is one
- certified copies of registration statements (like the town'south rent registration, or a multiple dwelling registration argument)
- your record keeping book
- any other documents that are relevant to the claims yous are making
- witnesses (like a superintendent, director, or mechanic who can prove as to attempts to gain admission and/or attempts to repair weather condition, if conditions are an issue)
- process server if service is disputed
Tenants should bring:
- rent receipts, checks or other proof of rent payments
- the charter or written agreement for the apartment, if you have 1
- photographs of any conditions yous are claiming
- heat charts, if rut is an outcome and you lot kept a record
- receipts or bills for whatever money you claim you spent
- whatever other documents that are relevant to your defense or to the claims yous are making
- witnesses (like a friend or neighbor who has seen a condition complained of, if conditions are an issue)
What happens in Court on the court appointment?
Your Case Volition Be Chosen
Check to make sure your case is on the calendar, posted in the courthouse. You lot will need your alphabetize number to notice the case on the calendar.
Opportunity to Settle the Instance Without a Trial or Hearing
At the call of the calendar in the courtroom, place yourself by announcing "Hither" when the Clerk calls your case. If all parties are present, the Judge will probably request that y'all try to settle the case - a voluntary, binding agreement that resolves the differences betwixt the parties to a lawsuit. Every bit part of that procedure, the Judge volition also offer the parties the opportunity to participate in the Alternate Dispute Resolution (ADR) program. For more than information near Landlord Tenant ADR click hither. In a settlement you can help make up one's mind the effect of your instance. However, no one can strength you to settle a case.
If you settle the case, the agreement volition be put in writing in a document called a stipulation. You must as well be sure to understand the terms of the stipulation which volition become a legally bounden agreement after reviewed and accepted by the Judge. No settlement is final until the stipulation is reviewed by a Guess.
If you cannot settle the case, the Estimate will accept a hearing.
Hearing
Generally, the landlord presents his or her case beginning. Later existence sworn equally a witness, the landlord or the landlord's managing agent will tell his or her version of the claims in the instance. The landlord may offer certain documents into show. This is chosen direct exam. When the landlord or the person on the landlord's behalf has finished testifying, the tenant has the right to enquire questions. This is chosen cross-examination. Sometimes a Gauge may inquire questions to clarify matters and/or to conduct the hearing in an expeditious manner. Additional witnesses may exist called to testify in back up of the landlord's claims, and they, too tin be cantankerous-examined by the tenant or may be asked questions by the Judge.
The tenant will then exist sworn as a witness to give his or her side of the story and present evidence. When the tenant has finished testifying, the landlord has the correct to catechize the tenant. The Judge may again ask questions. Sometimes a Estimate may enquire some questions to analyze matters. Boosted testimony and forms of prove may exist elicited from other witnesses chosen by the tenant. Cross-examination and peradventure boosted questioning by the Judge may follow adjust for each witness called.
Parties to a lawsuit have a right to object to the introduction of evidence or the fashion a question is beingness asked or answered. The appropriate way to object is to say "objection." The Judge may then enquire the basis for the objection. If the Judge agrees with the objection, the Judge will say "sustained" and the show volition not exist admitted. If the Judge disagrees with the objection, the Approximate will say "overruled" and the evidence will be admitted and considered by the Court, or jury, if the hearing is proceeding by jury trial.
What happens at the conclusion of my L&T instance?
If the landlord wins, the landlord is granted possession of the property. The landlord will then be able to request and have issued by the Court demand a JUDGMENT OF POSSESSION, and A WARRANT OF EVICTION. The WARRANT is comparable to an execution in a civil activity. After a WARRANT OF EVICTION is issued by the court (y'all must asking it - see below - and you receive information technology in the post) you must file it with the Suffolk County Sheriff. The Suffolk County Sheriff must give at least 14 days detect (a 14 DAY Detect) after the expiration of any and all stays directed by the Judge before evicting a tenant/respondent from the premises.
How practice I request a Judgment and Warrant?
Attorneys must file a proposed JUDGMENT OF POSSESSION (similar the Blumberg T-1412, T-1413, or T-1414) and WARRANT OF EVICTION (like the Blumberg T-1408 or T-1409) with the Court Clerk. The Court will generate the appropriate papers. Attorneys may submit a proposed MONEY JUDGMENT and pay the fee for a TRANSCRIPT OF JUDGMENT at the time the WARRANT and JUDGMENT are submitted, and the Clerk will issue the TRANSCRIPT OF JUDGMENT to be used in enforcing any money judgment.
Self-represented landlords must request in writing that the court result the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT. If the tenant/respondent is in default, a not-armed forces affidavit will exist required. If a TRANSCRIPT OF JUDGMENT is requested the transcript fee must exist paid when the request is filed with the Court Clerk.
Include a stamped cocky-addressed envelope with the proposed papers or written request. The Clerk will mail service the papers to the attorney of record or if in that location is no attorney, to the self-represented landlord.
Can I adios my son / girlfriend / roommate?
Possibly, dependent upon the detail circumstances of your situation. You lot should contact and seek help of an chaser.
The forms referred to above are intended for a landlord to evict a tenant. If the person you desire to evict is non a tenant, or if you are not the landlord, you may be able to evict them, merely not with these courtroom forms. Examples of relationships involving real holding which may permit an eviction are included at RPAPL §713 and RPAPL §715).
Can a tenant bring a landlord to Court?
Yes, nether sure circumstances, a tenant may commence a proceeding confronting can bring a landlord in to L&T Court. The NYS Attorney General'due south Tenants' Rights Guide has additional data. For case, the post-obit situations may let such a case.
- A tenant may bring a special proceeding in L&T Court to recover possession of premises from which he or she has been forcibly put out or kept out (RPAPL §721(4)). A tenant must bring such a proceeding within three years of ouster (RPAPL §713(10)). No Predictable Discover is required prior to commencing the proceeding.
- New York Real Holding Deportment & Proceedings Article 7-A - (§§769 - 783) addresses special proceedings brought by tenants of dwellings in Suffolk Canton. Pursuant to RPAPL Article 7A, one 3rd or more than of tenants occupying a multiple dwelling located in Suffolk canton may petition the Courtroom to have an administrator appointed to manage the premises. This blazon of proceeding is complicated and retaining an chaser is suggested.
Your rights would best be protected with the assistance of an attorney. You lot tin can contact the Suffolk County Bar Association for a free or low-fee consult. You might too contact Nassau/Suffolk Law Services and Long Isle Housing Services, Inc for help.
A tenant might sue a landlord in Small Claims Court if money is owed after the tenant has moved out of the rental.
I take been served with eviction papers. What exercise I do?
You must appear in court on the date and time stated in the Discover of Petition served on you by the landlord'south process server.
If the eviction is based on the not-payment of rent, you may pay the landlord at any time prior to the hearing the full amount demanded in the petition. This will end the eviction proceeding (RPAPL § 731(4)). In addition, if you pay the full corporeality of rent awarded to the landlord past the Courtroom at any time prior to the eviction, and then the warrant and judgment will be vacated (and the tenant may remain in the holding) provided the rent was non previously withheld in "bad faith" (RPAPL § 749(3)). The same rules do not utilize to holdover proceedings.
If the petition is for non-payment of hire, please run into Tenant Questions & Answers: Nonpayment Eviction Cases in New York State.
If you were served with a holdover petition, please see Tenant Questions & Answers: Holdover Eviction Cases in New York State.
Your rights would best be protected with the assistance of an chaser. You tin can contact the Suffolk County Bar Association for a gratuitous or low-fee consult. You might also contact Nassau/Suffolk Constabulary Services and Long Island Housing Services, Inc for assistance.
What happens if I am a tenant and I practice not appear in Court after receiving a NOTICE OF PETITION?
If the landlord or the landlord's attorney communicates to the Court that you were served with a Notice of Petition and other required documents, and you lot practise not appear every bit directed, the case will be decided without you. The Judge may grant a DEFAULT JUDGMENT against you.
A WARRANT OF EVICTION may be issued.
A judgment for unpaid hire and fees may also be entered against y'all.
Later the WARRANT OF EVICTION is filed with the Sheriff, a Deputy Sheriff will post a 14-DAY NOTICE for you to get out the premises.
When the WARRANT OF EVICTION is enforced, the Sheriff will return and remove yous and your personal property.
How practice I enquire a Judge to vacate a default judgment and stay my eviction?
Get to Courtroom and submit a request for the Judge to sign an Order to Show Crusade to Vacate a Landlord Tenant Judgment.
Y'all can get these forms from
- your attorney
- the courthouse (inquire for the Courtroom's forms for the Order to Testify Cause and supporting affidavit)
- our website: Order to Show Cause and supporting affidavit forms and instructions DC-420
- the CourtHelp website DIY INTERVIEW & FORMS: Tenant Vacate Default Judgment Program
You must explain to the Approximate in your papers that you lot have
- a practiced reason for not appearing in Courtroom, AND
- a good defense to the lawsuit
Bring photocopies of documents that help you lot prove your arguments.
In addition, even if you appeared in Court, but seek additional time prior to the eviction or circumstances take changed that warrant vacating the judgment and/or warrant, you may submit an Order to Evidence Cause for the Courtroom's consideration.
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Source: http://ww2.nycourts.gov/COURTS/10jd/suffolk/dist/landlordtenant.shtml