When the plaintiff starts a foreclosure case against the owner of your home, the law says that the plaintiff must tell the tenants within 10 days. You may find out about the case by seeing a notice posted on the door to your building or the plaintiff may give you a copy of the foreclosure Summons and Complaint. Do not worry if your name is on the papers. This does not mean that you have to move out. Many things can happen:
- The owner may settle the case and keep the property
- The bank may not be able to prove its case
- The case may take a very long time, often even a year, and you may move before it is over
- The new owner may want to keep you as a tenant
- You may have the right to stay anyway
By: Undisputed Legal/Eviction Service Department
If your tenant still has not moved after the last day given in the Notice to Quit, you must return to the clerk’s office with the original Notice to Quit, the Process Servers Return of Service, and a completed Summons and Complaint.
You will need to make 1 (one) original and a copy for each of the tenants/defendants. In addition, you should keep 1 (one) copy of everything for your records. Be sure to indicate in numbers 1 (one) and 3 (three) of either Complaint whether it is an oral or written week-to-week, month-to-month or year’s lease.
Eviction Process in Connecticut
The first step in the Summary Process (Eviction) procedure is the Notice to Quit Possession. The form you must use for the Notice to Quit, which the court will provide upon request, must be completed with the exact name and address, including the apartment number, floor number or other designation, if any, of each adult tenant you want to evict and must be signed by you as the plaintiff/landlord. There must be an original Notice to Quit Possession and sufficient additional copies for each tenant who lives there. You should also keep 1 (one) copy for your own records.
You must state a reason on the Notice to Quit. The most frequently used reasons for evictions are non-payment of rent and termination of lease by lapse of time. Evictions for other reasons may be more complex.
Holdover Summary Proceeding – generally used to refer to any summary proceeding brought to evict on some basis other than for non-payment.
Expiration or Termination of Lease – RPAPL §711(1) provides the fundamental authority for a holdover proceeding, and authorizes the maintenance of a summary eviction proceeding against a tenant who “continues in possession … after the expiration of his term without the permission of the landlord”. This applies to the tenant whose lease has expired by operation of law or because the lease has been terminated by operation of a conditional limitation in the lease. The terms of the lease control. The lease cannot be terminated for reasons other than those allowed under the lease (ie. No termination for “objectionable conduct” unless there is a provision in the lease authorizing such termination. See Perrotta, 98 AD2d 1, 469 NYS2d 504; Levesque, 106 Misc2d 432, 430 NYS2d 482).
Rent / Use and Occupancy – Petitioner may seek rent for a period prior to the end of the tenancy and U&O for the period respondent “holds over”. The amount of U&O is set by the Court, but is generally set at the amount of the rent.
Three Day Notice – RPAPL 711(2) requires petitioner to make a demand for rent prior to commencement of the eviction proceeding. The demand can be oral or written. If written, it must provide respondent with 3 days to pay the rent. The 3 day Notice must be served on the respondent and filed with the Court. The 3-day notice must state the amount of rent due and the period of time covered by that amount, together with a demand that the total amount be paid within 3 business days after service of the notice or tenant must give up possession. The date of service is excluded, as are Saturdays, Sundays and holidays.
Petition must seek rent and not other charges – While petitioner can seek attorney’s fees (if agreed to in the lease) and Court costs, generally, respondent cannot be evicted for the failure to pay these costs, especially in a rent-regulated situation.
Tenants named in Housing Court hold- over and nonpayment proceedings end up on what is called the “tenant black- list.” The New York State Office of Court Administration (OCA) sells Housing Court data to tenant screening companies. These companies use this data to make reports about tenants. Landlords then use the reports to decide whether to rent to you. Most landlords will not rent to you if you have ever been in Housing Court. If your name appears in the Housing Court’s database, it can be difficult to find a new rental in New York City and other cities across the country.
How Tenant Blacklisting Works
The OCA sells data about eviction cases brought in the New York City Housing Court to “tenant screening bureaus” (TSBs).
The Demand for Rent
Before the case can be started, the landlord or someone working for the landlord, must demand the overdue rent from the tenant and warn the tenant that if the rent is not paid, the tenant can be evicted. The landlord may tell the tenant this in person or in writing. If the tenant is told in person, the “demand” must be specific and include the months and amount due. For example, the landlord might say, “You owe the rent for June, July and August at $900.00 per month, for a total of $2700.00. Are you going to pay?”
However, If the lease requires that this kind of demand be given in writing, then it must be in writing. If it is in writing, the rent demand must be delivered to the tenant at least three days before the day the court papers are served, unless the lease requires more days.
If you are a landlord with a one or two family house, or a building with fewer than five apartments, or own a coop or condo, the New York State Courts Access to Justice Program has a free DIY (Do-It-Yourself) computer program to help you make a written Rent Demand. Or you can buy a Rent Demand form at a legal stationary store, like Blumberg.