PROCEEDINGS TO EVICT FOR VIOLATIONS OF THE TERMS OF THE LEASE
OR VIOLATIONS OF THE LAW:
Property must be located within the Plattsburgh City limits.
The forms necessary for initiating a proceeding to evict
for violations of the terms of the lease/violations of the law
be obtained from New York Landlord and Tenant Handbook by Gallet,
J. or other publications available at the Supreme County Library
located at the Corner of Clinton and Oak Street, Plattsburgh,
New York. The Court does not supply these forms.
IF YOU HAVE ANY QUESTIONS REGARDING LANDLORD-TENANT LAW,
YOU MAY CONSULT WITH AN ATTORNEY OR VISIT THE SUPREME COURT LIBRARY. THE COURT CANNOT PROVIDE LEGAL
1. NOTICE TO OBJECTIONABLE TENANT WITH A WRITTEN LEASE:
Before commencing an eviction proceeding, the landlord must
give the tenant notice of his/her objectionable conduct that
is the basis of the landlord's decision to terminate the lease. The
written lease may set forth the length and/or type of notice
to be given to the tenant. If there is a written lease, each
party must comply with its terms.
If the grounds for eviction is alleged illegal use of the property,
such as drug dealing, then there are special procedures set forth
in the New York Real Property Actions and Proceedings Law
sec. 715. Copies of the law may be obtained from the Supreme
If a tenant does not cure the violation of the lease within
the time required by the lease or continues the objectionable
behavior AND proper notice has been provided to the tenant
as dictated in the lease, the landlord may initiate an eviction
proceeding in City Court by completing and filing the following
2. NOTICE OF PETITION (Blumberg Form T511):
This paper can be issued by an Attorney, a Judge or the Clerk
of the Court. If a Judge or the Clerk of the Court is requested
to sign the Notice of Petition, the Petition must be completed
by the landlord and submitted to the City Court offices before
it is served on the tenant.
When completing the Petition (see below) and Notice of Petition,
the landlord must call the Court for a court date which must
appear in the Notice of Petition. The Court Date must be no sooner
than 5 days or later than 12 days from the date the tenant is
served. Generally, Summary Proceedings are held Monday, Wednesday and Friday
at 1:30 p.m. The landlord and the tenant, if properly served,
must appear on the court date.
3. PETITION (Blumberg Form T510):
The Petition is a paper which must be completed by the landlord
and attached to the Notice of Petition and the notice, which
was previously served on the tenant. The landlord is to sign
this paper and sign the verification in front of a Notary Public.
When the papers are completed and a Court Date has been provided
and the Judge or Clerk of the Court has signed the Notice of
Petition, then and only then can the tenant be served with the
Notice of Petition and Petition.
The Notice of Petition, Petition, Notice to the tenant (previously
served on the tenant) must be filed with the Court along
with the filing fee. The Judge or Clerk of the Court will sign
the Notice of Petition and return the Notice of Petition and
Petition to the Landlord. The Notice of Petition and Petition
must be served on the Tenant not less than 5 days and no more
than 12 days before the Court date.
4. AFFIDAVIT OF SERVICE (for service of Notice of Petition
This Affidavit of Service must be filed with the Court after
service of the Notice of Petition and Petition on the tenant.
The Notice of Petition and Petition must be served by a person
18 years or older. The person serving the papers will be attesting
to the fact that the papers were served within the time limits
allowed (not less than 5 days and no more than 12 days before
the Court date). The person who serves the papers must not be
a party to the action.
It is preferable that personal service be made upon the respondent-
tenant or upon a person of suitable age and discretion residing
with the respondent-tenant. In cases where personal service is
not possible, service may be made by "nail and mail", that
is, posting the papers on the door of the residence of the respondent-tenant
AND mailing a copy of the papers by certified mail, return receipt
requested. (RPAPL sec. 735)
The Affidavit of Service must be filed with the Court within
3 days after service on the tenant. FAILURE TO DO SO
MAY RESULT IN THE DISMISSAL OF THE CASE.
If, at any time, it is determined by the Landlord that the Court
date is no longer needed, the Landlord should notify the Court,
in writing, as soon as possible which may be faxed to the City
Court. Note: The filing fee can not be returned.
If the tenant fails to appear on the Court Date, the Court may
sign the following document:
This document should be completed prior to the Court date by
the landlord and brought to the Court hearing. The Court will
sign this document if the tenant fails to appear for the Court
hearing. This will enable the Sheriff to remove the tenant from
There is a mandatory 72-hour waiting period between the time
the Sheriff serves the tenant with a warrant and when the tenant
may be physically removed from the premises by the Sheriff.