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Landlord & Tenant

Landlord & Tenant – RPAPL 735 is the governing statute-Real Property Actions and Proceedings Law

Notices (If anywhere in New York State) – 5-day notice, 10-day notice, 30-day notice, etc. to vacate premises, to notify tenant has not adhered to lease, or owe money. Court is not involved. 3 copies per tenant/sub-tenant are needed. Keep original as you may need for Notice of Petition as an exhibit. Give proper advance notice to recipient based upon adherence date noted in document.

Notice of Petition and Petition (If only in City of New York) - Court is involved and parties to the action must appear in court. Inform UPSI at the onset if there are any additional mailings to be sent to tenant after service is completed (e.g. to a bank holding the loan for the condo or coop or to address in which tenant may actually be living that is different from the premises in dispute). Mailing must be completed within 24 hours of service by certified or regular mail (depending on lease or special requirements).

To initiate action, Index # must be purchased for $45 court fee. Notice of Petition and the Petition under separate attorney backs (name and address of attorney) are needed. 3 copies per tenant/sub-tenant are needed. UPSI must file Affadavit of Service within 72 hours of serving with the court.

If Notice of Petition is for money, a non-military affidavit is necessary so a judgment or default judgment (when tenant doesn’t respond to document) can be entered. Therefore, let us know at onset when you give UPSI the petition.

Notice of Petition and Petition hold-over – same as above but has a court date indicated, and documents must be served 5 to 12 days prior to such date. Affadavit of Service must be filed no earlier than 5 days before court date.

If outside of City of New York, treatment is same as indicated in above hold-overs.