An ejectment proceeding is an action to recover the possession of land, subject to all the regular rules of civil procedure. Statutes may regulate ejectment actions to prescribe the general form of the declaration or complaint. Otherwise, it is generally sufficient for the plaintiff to allege his or her possession of the premises in controversy, the subsequent entry of the defendant, and the defendant's withholding of the premises from the plaintiff. This form is a generic complaint and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The New York General Form of Complaint, Petition, or Declaration for Enactment is a legal document used in landlord-tenant disputes in New York State. It serves as a formal complaint or petition filed by a landlord seeking to evict a tenant from their premises. The form provides a standardized format for initiating the legal process and must adhere to the regulations and requirements set forth by the New York courts. Keywords: New York, General Form, Complaint, Petition, Declaration, Enactment, landlord-tenant disputes, eviction, legal process. Types of New York General Form of Complaint, Petition, or Declaration for Enactment: 1. Non-Payment of Rent: This type of complaint is used when the tenant has failed to pay rent according to the lease agreement. It outlines the unpaid rent, the due dates, and any additional charges or late fees accrued. 2. Holdover Tenancy: A holdover tenancy complaint is filed when a tenant remains in the rented premises after the lease agreement has expired, without the landlord's permission. It addresses the unauthorized occupation and requests eviction. 3. Nuisance or Illegal Activity: This type of complaint is utilized when the tenant engages in illegal activities or creates a nuisance, disturbing the peaceful enjoyment of other tenants or neighbors. The complaint lists specific incidents and provides evidence to support the allegations. 4. Breach of Lease Terms: A complaint for breach of lease terms is used when the tenant violates specific provisions outlined in the lease agreement, such as allowing unauthorized occupants or pets, damaging the property, or conducting a business without permission. 5. Health and Safety Violations: This type of complaint centers around the tenant's failure to maintain the premises in a safe and habitable condition, posing health risks or violating safety codes. It typically includes instances of neglect, lack of repairs, or unsanitary conditions. When filing any of these complaints, landlords must ensure the accuracy of the information provided, attach relevant supporting documentation, and follow the specific rules and procedures laid out by the New York courts. It is advisable to seek legal counsel or refer to court-approved resources to ensure compliance with all necessary requirements.
