UCS-LTN1 – Notice of Petition for Non-Payment Eviction

Jurisdiction: Country: United States | Province or State: New York

What is a UCS-LTN1 – Notice of Petition for Non-Payment Eviction?

This form is the court notice that starts a non-payment eviction case in New York. It tells your tenant when and where to appear in court. It must be served with the Petition, which explains the facts and the rent owed. Together, these documents open the case and put the tenant on formal notice that you are seeking a judgment for possession and rent.

Think of the UCS-LTN1 as the official summons for a non-payment case. It does not decide anything on its own. It sets the first court date and gives the court jurisdiction to hear your claim. If you complete and serve it correctly, the court can hear your case, issue a judgment, and later issue a warrant of eviction if needed.

Who typically uses this form?

Landlords and property owners use it to collect unpaid rent and, if necessary, regain possession. Small property owners use it for a single apartment. Property managers use it for multi-unit buildings. Businesses that lease commercial space use it when a tenant business falls behind. Attorneys prepare and file the form for clients. In some courts, an individual owner can file and appear without an attorney. Many companies must use an attorney.

Why would you need this form?

You use it when a tenant has not paid rent after you served a proper rent demand, and the rent is still unpaid. The law requires a written rent demand before you start a non-payment case. Today, that demand generally gives the tenant 14 days to pay. If the tenant does not cure within that time, you can start the case with a Petition and the UCS-LTN1.

Typical usage scenarios

• A residential tenant misses several months of rent. You served a 14‑day rent demand. The tenant did not pay. You file the Petition and the UCS-LTN1 to get a court date and seek a judgment for rent and possession.

• A commercial tenant owes base rent and has ignored your demand. You file the non-payment case to recover rent and possession of the space.

• A tenant made only partial payments. You want a judgment for the balance and a payment schedule. You still need to file the Petition and serve the UCS-LTN1 to bring the matter to court.

• A tenant with a subsidy owes their share of rent. You list only the tenant’s legal share in the Petition and Notice. You ask the court for a judgment limited to that share.

The UCS-LTN1 is a statewide court system form. Courts across New York use it to calendar non-payment proceedings. You cannot skip it. Without a valid Notice of Petition, the court cannot move your case forward.

When Would You Use a UCS-LTN1 – Notice of Petition for Non-Payment Eviction?

You use this form after you have a live rent default and you have delivered a proper written rent demand that the tenant did not satisfy. The timing matters. Serve the rent demand first, wait the required cure period, then file your Petition and Notice of Petition.

As a landlord or property owner, you turn to the UCS-LTN1 when rent is overdue, and informal efforts failed. If your tenant communicates but does not pay, you still need the court to resolve the arrears. The Notice of Petition sets the court date and starts the legal process so a judge can order a payment plan, enter a judgment, or dismiss if the tenant proves payment or a defense.

A property manager would use the UCS-LTN1 when handling arrears across a portfolio. Standardize your rent demand process first, then file and serve the Notice in each unit where the arrears persisted. The Notice aligns your cases on the court calendar and lets you coordinate appearances.

A small business owner who rents space to a tenant business would use the form when the tenant defaulted on base rent. In many courts, a business landlord must hire counsel to bring the case. Your attorney will use the UCS-LTN1 to set the return date and serve the tenant company and its authorized agent at the correct addresses.

If you are a tenant, you will not file this form. You will receive it. It tells you the first court date and what the landlord is asking for. It also warns that a default judgment can be entered if you miss the date. You should read the Petition attached to see the rent breakdown, time periods claimed, and any documents the landlord relies on. You can appear in court on the date listed to answer and raise defenses.

Here are practical situations where the Notice of Petition is appropriate:

• The rent is overdue by one or more months, and the tenant has not paid within 14 days after your written demand. You need a court date to resolve the arrears.

• The tenant regularly pays late. The late fees are not collectible as rent. You cannot sue for late fees in a non-payment case, but you can sue for the unpaid base rent using this Notice. List only the lawful rent charges.

• The apartment is rent-regulated. You can still use the form. Make sure the amount you claim matches the lawful rent and tenant share. Include a clear month-by-month ledger.

• The lease expired, and the tenant remains month‑to‑month but still owes rent. You use the non-payment proceeding for the arrears. Do not combine non-payment and holdover claims in the same Notice. If you want to end the tenancy separately, that is a different case.

• A tenant offered partial payment after the demand period. You can proceed with the balance. Update your rent ledger and claim only what remains due.

This form is not for claims like chronic late payment, nuisance, or no-lease holdovers. Those are holdover proceedings, which use a different notice and petition. The UCS-LTN1 is only for non-payment of rent.

Legal Characteristics of the UCS-LTN1 – Notice of Petition for Non-Payment Eviction

The UCS-LTN1 is legally significant because it provides formal notice and sets a court date. When you file and serve it correctly with the Petition, the court gains the power to hear your case. The Notice advises the tenant that a lawsuit has begun, when to appear, and what could happen if they do not appear. That satisfies due process requirements for the case to proceed.

Is it legally binding?

The Notice itself does not create a judgment. It is binding as a court notice that compels attendance. If a tenant ignores it, the court can enter a default judgment after reviewing your papers and service. If everyone appears, the case moves forward to settlement, adjournment, or trial. A judgment and any warrant of eviction come later, only after the judge reviews the merits and service.

What ensures enforceability?

Several elements:

• The Petition and Notice must be complete and accurate. The court address, hearing date, party names, and property description must be correct. The amount claimed must reflect only legal rent charges.

• You must serve the Petition and Notice in a way the law permits. Acceptable methods include personal delivery, delivery to a person of suitable age at the residence plus required mailings, or conspicuous “posting” plus required mailings. The process server must complete and file an affidavit describing the method, dates, times, and addresses.

• You must meet timing rules. Service must be made within a specific window before the hearing date. The window ensures the tenant has enough time to prepare and appear, but not so much time that the date becomes stale.

• You must meet pre-filing conditions. A proper written rent demand is required, giving the tenant a chance to cure. If you skip this, the case can be dismissed.

• You must bring the case to the right court and county. The venue must match the location of the property. The caption must sue the tenant by name and include any undertenants or “John Doe/Jane Doe” occupants only if appropriate.

General legal considerations matter. List only rent that is legally recoverable in a non-payment case. Base rent is recoverable. Late fees, legal fees, utilities, or other charges are often not recoverable unless both the lease and the law allow you to treat them as “rent.” Many courts will strike those items if you include them. Keep your ledger clean and limited to months, amounts, and credits for actual rent.

Be precise about the premises. The apartment number, floor, and full address must match the lease and actual unit. If the address is wrong or the tenant’s name is misspelled, you risk dismissal. If you do not know the names of all adult occupants, you may include “John Doe” and “Jane Doe” as undertenants. Use those placeholders only when needed and consistent with local practice.

Corporations and LLCs often must appear by an attorney in housing cases. Natural persons may appear pro se. Even if not required, using an attorney can reduce errors that cause delays.

Finally, remember that the Notice is not a negotiable document. Do not add custom warnings or conditions. Use the form language. Courts expect it. Changing the text can lead to confusion and pushback.

How to Fill Out a UCS-LTN1 – Notice of Petition for Non-Payment Eviction

Follow these steps to prepare the form correctly from start to finish.

1) Identify the correct court and venue.

• Choose the court that handles landlord‑tenant cases where the property sits. In New York City, that is the Housing Part of the Civil Court. Outside the city, it may be a District Court, City Court, Town Court, or Village Court.

• Enter the county and court address. Make sure it matches the clerk’s instructions for filings.

2) Prepare your rent demand and Petition first.

• Before you complete the Notice, confirm you served a proper written rent demand with the required cure period. Keep proof of service and the letter.

• Draft your Petition. Include the tenant names, the premise description, the lease terms, and a month‑by‑month rent ledger. State only unpaid rent and the months due. Exclude late fees and charges that are not allowed as “rent.”

• Verify the Petition. The landlord or the attorney signs the verification. Many courts will reject an unverified Petition.

3) Complete the caption on the UCS-LTN1.

• Petitioner: Use the legal name of the owner or landlord entitled to rent. If an LLC or corporation owns the property, use the exact entity name. If a managing agent is the petitioner, make sure the agent has authority to sue in its name in your court; many courts require the owner to be the petitioner.

• Respondent: List the tenant(s) named on the lease. Add any undertenants you know. If you believe other adult occupants live there and you do not know their names, add “John Doe” and “Jane Doe” as undertenants.

• Index or docket number: Leave this blank until the clerk assigns it when you file. In some courts, you buy an index number before filing. Follow your clerk’s sequence.

4) Describe the premises.

• Enter the full street address, apartment number, floor, city, and zip code. Use the exact description from the lease if possible (for example, “Apt 3F” vs “Unit 3F”).

• For multi‑building complexes, add the building number or letter. Accuracy here is critical for service and enforcement.

5) State what you seek.

• The form includes standard language that you seek a judgment for possession, rent, and costs. Do not alter this language.

• You can request a judgment for rent through the month before filing. Many landlords also seek ongoing rent that accrues while the case is pending; your Petition should state that. Keep the Notice consistent with the Petition.

6) Insert the return date and time.

• In many courts, the clerk sets the first court date. Do not pick your own date unless the clerk tells you to. File your Petition and a draft Notice. The clerk will stamp the date, time, and room.

• If your court requires you to select a date, choose a date that allows you to serve within the required window. The service window is strict. The hearing must be far enough out so you can serve at least the minimum number of days before, but not so far that you exceed the maximum. Ask the clerk for available dates that fit the window.

7) Provide the attorney or petitioner’s details.

• If you have an attorney, enter the law firm or attorney name, address, phone, and email. The attorney must sign the Notice.

• If you are an individual owner appearing without an attorney in a court that allows it, enter your name, address, and contact information. Sign the Notice.

• If the petitioner is a company, expect to use an attorney. Many courts do not allow companies to appear without counsel.

8) Review the rent amounts and ledger.

• Cross‑check the Petition’s rent ledger with the amount referenced in the Notice. The Notice often references the Petition for specifics, but inconsistencies cause confusion.

• Make sure your ledger shows credits for any payments, vouchers, or subsidies. If a subsidy pays part of the rent, claim only the tenant’s share in your totals.

9) Assemble required attachments.

• The Notice must be served with the Petition. Attach the rent demand you served, the lease and any riders, and your rent ledger. Some courts ask for proof of ownership. Bring those to filing and have copies ready for service.

• If the unit is rent‑regulated, include registration and rent history documents if you rely on them. Courts often request them at the first appearance.

10) File with the clerk.

• Bring the original Petition, the UCS-LTN1, and copies. Pay the filing fee if required. The clerk will assign an index or docket number and set the court date if your court follows that process.

• Ask the clerk how many stamped copies you need for service and for your records. Get stamped copies before you leave.

11) Arrange for service.

• Use a process server or another adult who is not a party to the case. You cannot serve the papers yourself.

• The server must deliver the Petition and the Notice together using an accepted method: personal delivery to the tenant; delivery to a person of suitable age at the residence with the required mailings; or conspicuous delivery (posting) with the required mailings. The mailings must go out within the required time after delivery or posting and to the required addresses.

• The server must make service so that the tenant receives legal notice at least the minimum number of days before the hearing and not more than the maximum. Work backward from the court date to schedule attempts early enough to leave room for mailing.

12) Obtain and file the affidavit of service.

• The process server must complete a sworn affidavit. It must list the dates, times, addresses, descriptions of the person served (if any), and details of the mailings.

• File the affidavit of service with the court clerk before the hearing. Some courts require filing by a set number of days before the hearing. Do not wait until the appearance date.

13) Prepare for the first court date.

• Bring all originals and copies: lease, rent demand, Petition, Notice, ledger, proof of payment credits, photos or repair logs if you expect a habitability defense, and proof of ownership.

• Be ready to discuss the settlement. Many cases resolve with a payment schedule or a stipulation. Know your numbers and your bottom line.

14) Common mistakes to avoid.

• Listing charges that are not legally “rent.” If in doubt, list only base rent and the tenant’s lawful share.

• Bad addresses or missing apartment numbers. Double‑check the premises description.

• Skipping the rent demand or using the wrong cure period. The case can be dismissed.

• Serving outside the required window. You may need to start over with a new date.

• Failing to file the affidavit of service before the deadline. The court may not call your case.

• Using the wrong parties. Sue the named tenants and add “John Doe/Jane Doe” only if appropriate.

15) Sign and date the Notice.

• The attorney or petitioner must sign the Notice. Use ink for paper filings. If the court uses electronic filing for these cases, follow the electronic signature rules.

• Date the notice on the day you finalize it for filing. Do not predate or backdate.

16) Keep organized records.

• Keep copies of everything you filed and served. File the proof of service promptly. Maintain an updated ledger in case the tenant pays before court.

• If the tenant pays in full after service but before the hearing, confirm whether you want to discontinue the case or proceed for costs. Ask the clerk how to notify the court.

Real‑world example: You own a three‑family house. Your second‑floor tenant owes April, May, and June rent. On July 1, you serve a written 14‑day rent demand for the three months. No payment comes in. You prepare a Petition with a ledger showing April, May, and June rent, minus a small partial payment in May. You complete the UCS‑LTN1 with the correct court and property address. The clerk sets a return date. Your process server makes three attempts, posts on the door, and completes the required mailings the next business day. The affidavit of service is filed before the deadline. On the first court date, you appear with your documents. The tenant appears and asks for time. You negotiate a payment schedule and enter it on the record. If payments fail, the court can enter a judgment and issue a warrant according to the stipulation.

Another example: You lease a storefront to a café. The café falls two months behind. You serve a 14‑day rent demand for base rent only. No payment follows. Your attorney prepares the Petition and UCS‑LTN1, files them, and arranges service on the business and its authorized agent. The court date is set. You bring the lease, demand, ledger, and tax bill to show ownership. The tenant pays one month before court. You update the ledger and proceed with the remaining month. The court enters a judgment with a short stay and a payment date. If the balance is not paid, you can request a warrant.

If you follow the steps above, your UCS-LTN1 will be complete, served on time, and ready for court. That sets you up for a valid judgment or a workable settlement.

Legal Terms You Might Encounter

• Petitioner means the person or entity starting the case. On this form, that is you, the landlord or owner, asking the court to order payment or possession because rent was not paid. Make sure your legal name matches the lease and any ownership records, because the court will check that the petitioner has standing to sue.
• Respondent is the person you are suing. Here, it is the tenant named on the lease, and sometimes other occupants. The Notice must list each respondent you plan to serve. If you leave out a tenant of record, the case can stall.
• Premises describes the rental property at issue. On this form, it is the full street address, apartment or unit number, city, and ZIP. Use the exact address from the lease or deed. An incorrect unit number is a common reason for delays.
• Non-payment proceeding is the type of case you are starting. You are not claiming lease violations or holdover grounds. You are telling the court that rent is unpaid and asking for money and/or possession. The Notice alerts the tenant that the court will hear that claim on a set date.
• Arrears are the unpaid rent amounts. On the Petition,n you detail the months and totals due. The Notice of Petition alerts the tenant that you seek a judgment based on those arrears. Keep your ledger clear, current, and free of charges not allowed by the lease or law.
• Relief demanded is what you ask the court to order. In a non-payment case, the common requests are a money judgment for rent and a warrant of eviction if rent is not paid. The Notice tells the tenant what relief you seek so they can decide how to respond.
• Return date is the court date listed on the Notice. It tells the tenant when and where to appear. Do not guess this date. Courts follow strict scheduling and service windows. Follow your clerk’s instructions on how and when the return date is set on the form.
• Service means how you deliver the Notice and Petition to the tenant. The court only hears the case if you serve correctly. An Affidavit of Service proves how and when service happened. The Notice tells the tenant that they must respond by the return date, based on proper service.
• Docket or index number is the court’s case number. You receive it when you file. You should place it on the Notice and Petition where indicated. This number tracks your case at every step, including service and any judgment.
• Verification is the sworn statement attached to the Petition confirming that the facts are true. Although the Notice itself is not a verification, both documents move together. If the verification is missing or defective, the court can reject the filing. Check that the Notice matches the verified Petition.

FAQs

Do you need to send a rent demand before using this Notice?

Usually, yes. A written rent demand is a common prerequisite in non-payment cases. Courts expect you to give the tenant clear notice of what is owed and a chance to cure. Attach a copy of your demand and proof of delivery to the Petition packet. If you skip this step, your case can be dismissed at the first appearance.

Do you list the hearing date yourself on the Notice?

Follow your local court’s process. Some courts assign the return date at filing. Others require you to contact the clerk for a date before you serve. Never guess. The date you use affects the service timeline. Using the wrong date can force you to re-serve and delay the case.

Do you serve the Notice alone, or with the Petition?

Serve the Notice together with the Petition and any required attachments. The Notice tells the tenant when to appear. The Petition tells them why. Serving one without the other is a common defect. Keep identical copies of what you serve, and get a detailed Affidavit of Service.

Do you include late fees, utilities, or other charges in arrears?

List only amounts you can support with the lease and local rules. Be precise. Courts often separate base rent from added charges. If you include amounts you cannot prove, you risk reductions or dismissal. Use a clear ledger that shows month-by-month rent, credits, and payments.

Do you need a lawyer to file this form?

You can complete and file it without a lawyer, especially for small buildings. That said, housing cases have strict rules. An error on service, parties, or amounts can cost you time and money. If you are unsure about any section or requirement, consider consulting a professional.

Do you name all adult occupants, or only the tenant on the lease?

Always name the tenant of record. You may also name “undertenants” or other occupants if you seek possession as to everyone in the unit. If you omit a tenant of record, you cannot evict that person via this case. Match names to the lease and mailbox listings, and verify spellings.

Do you need to notarize the Notice of Petition?

The Petition typically carries the verification, not the Notice. The Notice of Petition requires your signature or your attorney’s signature. Still, some courts request signatures in a specific spot or format. Review the signature block and follow the clerk’s instructions to avoid re-filing.

What if the tenant pays after you file the case?

Payments after filing can affect the relief the court grants. If the tenant pays in full before judgment, courts often end the case as settled, sometimes with costs. If the tenant pays part, you may proceed for any balance and fees allowed. Bring proof of any payment to the return date.

Checklist: Before, During, and After the UCS-LTN1 – Notice of Petition for Non-Payment Eviction

Before signing: Information and documents you need

• Your exact legal name and capacity. Use the owner’s name from the deed or a properly documented agent. If an agent signs, keep written authority on file.
• The full property address, including apartment number. Match the lease. Confirm spelling and unit suffixes.
• The tenant’s full legal name(s). Check the lease, applications, and mailbox. Include alternate spellings if commonly used.
• Lease or rental agreement. Have the current version and any renewals. Note the rent amount, due date, and who pays.
• Rent ledger. Month-by-month charges, payments, and credits. Separate base rent from other charges.
• Predicate rent demand and proof of delivery. Keep a copy of the demand and how you sent or delivered it.
• Contact details for you or your representative. Include a phone and mailing address for notices.
• The court location you must use. Confirm the proper housing or civil court for the property’s county or district.
• Filing fee method. Bring payment in an accepted form.
• Blank space for the return date and time. Leave it for the clerk or follow the court’s process to fill it.
• Service plan. Identify a qualified process server or individual who knows the service rules in your court.

During signing: Sections to verify

• Caption. Check the court name, county, and the parties’ names. They must match the Petition exactly.
• Property description. Confirm the full address and unit number. Small errors cause big delays.
• Relief section. Ensure it states you seek a judgment for rent and, if unpaid, possession. Keep language consistent with the Petition.
• Hearing details. Leave the date/time blank until the court assigns it, unless your clerk instructs otherwise.
• Signature block. Sign in the correct spot. If an attorney signs, include the attorney’s information as required.
• Docket or index number. Add it after filing, in every place it appears on the Notice.
• Attachments. Do not staple items that the court wants to be separate. Follow the clerk’s guidance for assembly.
• Legibility. Use black ink, clear print, or typed text. Unreadable forms are rejected.
• Counts and totals. If the Notice references amounts, verify they match the Petition and ledger.
• Service instructions. Note any court-specific instructions on who may serve and by when.

After signing: Filing, notifying, storing

• File with the correct court. Bring the Notice, Petition, and required attachments. Pay the filing fee.
• Obtain the docket or index number. Write it on the Notice and Petition wherever required.
• Get the return date. Ask the clerk about scheduling. If you must set it yourself, confirm the acceptable windows.
• Prepare service packets. Each packet should contain the filed Petition, the Notice with the return date, and any required exhibits.
• Arrange service. Use a qualified server who follows the court’s methods and timing rules. Give them the exact apartment number and entry details.
• Collect Affidavits of Service. Check that each affidavit lists the date, time, place, and method of service accurately.
• File proof of service if required. Some courts require filing before the return date. Confirm the deadline.
• Calendar the return date. Plan to appear on time with originals and copies of key documents.
• Keep records. Store stamped copies, affidavits, and receipts in a labeled folder. Back up digital scans.

Common Mistakes to Avoid UCS-LTN1 – Notice of Petition for Non-Payment Eviction

• Naming the wrong parties. Don’t forget to name the tenant of record and any known occupants you intend to bind. If you omit a tenant, you may need to restart the case.
• Using an incorrect or unassigned court date. Never guess the return date. An invalid date can void service, waste fees, and push you back weeks.
• Listing the wrong unit or address. Double-check the apartment number and building. A wrong address can lead to dismissal or a defective judgment.
• Overstating arrears or mixing in barred charges. Stick to base rent and approved amounts. Inflated claims undermine your credibility and can trigger reductions or sanctions.
• Improper service. Don’t serve the Notice without the Petition. Don’t miss the timing window. Bad service is the top reason cases get dismissed.

What to Do After Filling Out the Form UCS-LTN1 – Notice of Petition for Non-Payment Eviction

File your case

• Bring the completed Notice and Petition to the proper court. Pay the filing fee and get your case number.
• Ask how the return date is set. Follow the clerk’s instructions before you serve anything.

Serve the tenant

• Prepare identical service packets that include the Notice with the return date and the filed Petition.
• Use a qualified server. Give clear directions for the building, entry, and unit.
• Track service attempts. Keep notes on dates, times, and outcomes.

Prove service

• Review the Affidavits of Service for accuracy. They should detail who was served, when, where, and how.
• File the affidavits if your court requires pre-hearing filing. Confirm any cutoffs.

Prepare for court

• Assemble a hearing file: lease, renewals, rent ledger, rent demand, proof of delivery, payment history, communications about rent, and photos of the mailbox or entry if helpful for service issues.
• Bring two sets of copies for the court and the tenant. Keep originals organized.

Handle payments after filing

• If the tenant pays in full before the return date, get a receipt and bring it. Ask the clerk how to close the case or resolve costs.
• If the tenant pays part, update your ledger and adjust your demand at the hearing as allowed.

Consider amendments

• If you discover an error in names, amounts, or dates, ask the clerk about amending the Petition and Notice. Some changes require court permission. Act before the return date if possible.

Appear on the return date

• Arrive early. Check in with the clerk. Keep your documents ready.
• Be open to a written agreement if offered and appropriate. Confirm all payment terms, dates, and what happens on default. Get a signed copy.

Follow through after court

• If the case is adjourned, note the new date and any tasks the court ordered.
• If you receive a judgment, ask the clerk about next steps and timelines. Follow all notice requirements before any enforcement.
• If the case is dismissed, ask what went wrong. Fix the issue before refilling.

Store and audit your records

• Keep a complete file: stamped Notice and Petition, docket number, service affidavits, court orders, and settlement agreements.
• Update your rent ledger and property records to reflect any judgment or settlement.
• Note process improvements for next time, such as address verification or earlier rent demands.