Legal Question in Real Estate Law in New York

Go to the Courthouse on Jay Street. Go to the Landlord-Tenant office. You may have to wait,but the clerks can direct you to the assistance desk, where volunteer lawyers will help you fill out the paperwork.

DIY: Say to the deadbeat, "Pay the rent or get out." Make a note of the time and place. Wait three days and file a dispossess for non-payment. You're bringing a residential non-payment proceeding. The clerk's office has forms. You fill them out, pay the filing fee, and the clerk will give you the "original" notice of petition signed by him. You need to have someone else, not you, serve the deadbeat with the notice, then sign an affidavit of service (which gets notarized), which you bring to the clerk of the court (with the original notice of petition). You have to supply the clerk with post cards addressed to the deadbeat, which the clerk uses to notify deadbeat to get into the clerk's office and answer the petition.

If he answers, then the clerk will set the date for the hearing and notify you. I like to swing by the clerk's office 5 days after I file to see if a date has been set and if not, I'll check back every couple of days until either the deadbeat answers or defaults by failing to answer the petition. If he defaults, then you will take a judgment of possession by default, contact the marshal and put him in the street.

If he answers, then you have to get ready for a trial. If you own the building, then get a certified copy of the deed. If not, you need to show documents establishing your right to possess the apartment but for the deadbeat's lease--which you are terminating. (You always need a copy of the deed.)