New NY Eviction Process? (non-NYC)

3 Replies

So my I went to fill out the paperwork for eviction of a tenant for both non-payment, and holdover (for breaking things in the lease). Went to file the paperwork with the court to find that the laws recently changed and my notices didn't give the tenant enough time (non-payment went from 3-day to 14-day). Real fun and all but it looks like the nycourts.gov website, where I'm supposed to get the proper paperwork to file eviction from, has updated some parts of the site but other parts still have old information and now dead-links.

Non-Payment Proceedings; as specified on their website here; https://www.nycourts.gov/courthelp/Homes/LTstarting.shtml under Starting a Case For Non-Payment of Rent, due to the change in the law you now must give a 14-day notice instead of a 3-day. However here where you get the proper forms; http://ww2.nycourts.gov/COURTS/8jd/ltnonpay.shtml, The written demands for Payment of Past Due Rent form is still specifying 3 days instead of 14. Can't find a 14-day form anywhere on their site.

For a Hold-Over for violation of lease this guide page here; https://www.nycourts.gov/courthelp/Homes/holdoverNotices.shtml, specifies you need to serve a Notice to Cure to a leased tenant, however their Holdover forms page here; http://ww2.nycourts.gov/COURTS/8jd/ltholdover.shtml literally doesn't have that form at all.

Am I missing something here or is the official nycourts.gov website dropping the ball so bad I can't legally serve my tenant the notices required as they're literally not available?

Alright for anyone interested I got off the phone with Nycourts.gov and they are in the process of updating those forms with no timeframe put out. What a local court in my area just told me was for the Written demand for Payment of Past due rent to simply cross out the 3-day notice and write 14-day with initials. And for the Holdover forms the notice to cure which isn't available online can simply be written up instead of printing an official form.

Good Morning Adam,

I am looking at buying a foreclosure, that is occupied. Trying to get as much real experience knowledge as I can about how the new proceedings have been going. If you could, would you mind expanding on how things worked out with your situation and any other paperwork circles I can avoid. 

Much appreciated!

@Adam A.

So, they rapidly push all these new landlord restrictions through last spring without much dialogue from the public.  Then, almost nine months later, they still have not updated the websites with these extremely critical legal changes.  It's like they will move really fast on things that benefit the lawmakers' political allies, but then "slow walk" on their obligations to inform the stakeholders.

Gotta love NY.