Landlord & Tenant

Landlord & Tenant – Real Property Actions and Proceedings Law, RPAPL735, is the governing statute

Notices (anywhere in New York State)

All notices (3-day notice, 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. Attorney should keep original Notice of Petition and Petition is needed later. as an exhibit. UPSI is privy to all proper service requirement.

Notices (in New York City)

Effective October 14, 2019 – the service requirement for a notice to terminate month-to-month tenancy in New York City will be determined by the length of tenancy:

  • Up to one year of tenancy requires a 30-day notice.
  • Between one and two years of tenancy requires a 60-day notice.
  • Over two years of tenancy requires a 90-day notice.

Notice of Petition and Petition in NYC only

A Notice of Petition and Petition is the formal notice that initiates a Landlord/Tenant proceeding in court. It lets Tenant know why the proceeding has been brought by Landlord. Tenant must respond to said Notice in court. An index number costs $45 and must be purchased before service. If UPSI is to purchase the index number, the Notice of Petition and Petition must each be under separate legal backs with name and address of attorney. UPSI needs 3 copies per Tenant/Sub-Tenant of Notice of Petition and Petition. UPSI must be informed if additional mailings are to be made as extra copies are needed. If the action seeks monetary relief, a non-military affidavit is necessary for a Judgment or Default Judgment to be entered and UPSI needs to be informed at the onset. Once the papers are served, the law mandates UPSI mail another copy to tenant/sub-tenant within 24 hours and file the Affidavit of Service, along with the original Notice of Petition to the court within 3 days.

Hold-Over Proceedings In NYC and all Landlord/Tenant Proceedings Outside NYC

All the procedures in the above paragraph apply.

In Hold-over proceedings in New York City and all Landlord/Tenant proceedings outside New York City, the Notice of Petition and Petition must be served between 10 and 17 days before the return court date.

Affidavit of Service must be filed no earlier than 10 days before court date.