The landlord/tenant process is generally made up of two main types of cases filed by landlord. There is the non-payment, also referrred to as the dispossess, and the holdover.

 THE NON-PAYMENT CASE

A non-payment case is filed when a tenant owes rent and the landlord is seeking to collct the rent. Though the purpose is to collect the money that is owed, a delinquent tenant may also be evicted. 

THE STAGES IN A NON-PAYMENT CASE

1. The process begins with a demand for rent from the landlord. The demand could be oral or written. However, is the lease states that the demand must be in writing then the landlord must make a written demand.

     The rent demand should include:

(a) The precise amount owed.

(b) The period for which the money is owed.

(c) A breakdown of what the money is owed. For example, it should state the outstanding rent for each month, and the amount of any additional charges should be clearly stated.

(d) A deadline for the money to be paid. This usually within three day of the demand.

(e) The rent demand should include a state that if the money is not paid within the time specified the landlord will start eviction proceedings.

2. Filing the Petition and Notice of Petition

After the rent demand is made and the tenant fails to pay all of the outstanding balance, the landlord should file the non-payment petition and notice of petition with the Clerk of the court. The papers must be filed in the county that the property is located. After the papers the court puts its stamp on the notice of petition the landlord must then arranged for the papers to be served on the tenant in the proper manner. It is advisable that a experience process server be hired to serve the tenant. Particularly, the landlord cannot serve the papers himself or herself.

WHAT IS A HOLDOVER PROCEEDING

A holdover proceedings is commenced when the landlord is seeking to get the property back from the tenant because the tenant's lease has expired or the tenant has violated essential terms of the lease. In such a proceeding the landlord is called the Petitioner and the tenant or the person against whom the action is commenced is called is the respondent.

HOW A HOLDOVER PROCEEDING IS COMMENCED

First, the landlord must served a a predicate notice which is usually titled Notice to Quit or Termination Notice, upon the occupants of the premises. In some instances, a 10 Day Notice is sufficient but in most cases a 30-day notice has to be served. What this means is that the landlord must serve the notice on the tenant/occupant and then when for 10 days in the case of a 10-day notice or 30 days in the case of 30-day notice, before filing the papers in the court.

If the tenant/occupant remain in the premises after the notice expires then the landlord may file a notice of petition, and petition with the court. A filing fee of $45 dollars has to be paid at the time the notice of petition and petition are filed.The Lanlord selects a date for the case to be heard and the court will stamp the Notice of Petition and return it to the landlord who must then serve a copy of the stamped Notice of Petition with a copy of the Petition on the tenant.

After the Notice of Petition and Petition have been served on the tenant the landlord takes the original stamped  Notice of Petition and an affidavit of service back to the Clerk of the Court. A postage paid postcard addressed to the tenant must also be submitted to the court at the same time. When this is done the case is ready to be heard by a Judge on the date selected by the landlord and approved by the court.

WHEN A TENANT MAY STOP EVICTION BECAUSE OF FAILURE TO DO REPAIRS IN YORK CITY

New York law gives tenant a major weapon that can be used against landlord. Both the landlord and the tenant should be aware of NY CLS RPAPL § 755  and 756. 

RPAPL § 755 allows tenants to put a stay on eviction in non-payment proceedings where the landlord has failed to make repairs. However, the law only allows for a stay in circumstances where the condition amounts to a constructive eviction of the tenant or where the condition "is , likely to become, dangerous to life, health, or safety, the court before which the case is pending may stay proceedings to dispossess the tenant for non-payment of rent, or any action for rent or rental value." 

It should be noted that this  RPAPL § 755 applies only when the landlord has commenced proceedings because of the tenant's failure to pay rent. Also, the condition complained of is restricted to the specific unit occupied by the tenant. Therefore, any condition outside of the unit at issue is irrevelant and cannot be raised to rescue the tenant from eviction.  Further, Constructive eviction of tenant was not shown by mere existence of department violations, such as leaky faucet. Peshkin v Powell (1944) 182 Misc 14, 48 NYS2d 390.

The tenant who is eager to rely on the condition of the premises to stop an eviction should thread cautiously. The court has established the precedent that a landlord was entitle to summray judgment where the tenant alleged   constructive eviction on the basis that the landlord's repairs of kitchen and bathroom had rendered apartment uninhabitable for excessive period, where tenant admitted that he never gave up possession of apartment, conceded broad scope of necessary repairs, and failed to support any of his claims, including claim that landlord purposely delayed repair work. Wessel v Sichel (1997, 1st Dept) 238 AD2d 177, 655 NYS2d 955.

The law does not allow for the staying of eviction  even where the condition in the premises constitutes eviction if the tenant does not deposit with  the clerk of the court the entire sum of outstanding rent.

RPAPL § 756 provides of a stay of eviction where utilities  are discntinued in any part of a multiple dwelling because of the failure of the landlord to pay the utility bill. The language here should be particularly noted by landlords. It does not include one to two family houses. It clearly states multiple dwelling. The landlord should be preparaed to make the argument that RPAPL § 756  does not apply to one to two family houses.