UCS-LTN2 – Petition for Non-Payment Eviction

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

What is a UCS-LTN2 – Petition for Non-Payment Eviction?

A UCS-LTN2 is the standard New York court petition used to start a non-payment eviction case. You file it in a landlord-tenant court to claim unpaid rent and seek possession of a rental unit. It is a verified pleading. That means you sign under oath that the facts are true.

This form belongs to the New York landlord-tenant court system. You use it with a matching Notice of Petition to schedule a court date. Together, these documents open a summary proceeding for non-payment. A judge can then decide how much rent is due and whether to issue a warrant of eviction.

Who typically uses this form?

Residential landlords use it most. Property managers often prepare it for the owner. Attorneys file it for landlords, and in many courts, corporations and LLCs must appear by an attorney. Individual owners may file it themselves where allowed. Tenants do not file this form, but you should understand it if you receive one.

Why would you need this form?

You use it when your tenant does not pay rent on time. You have already served a proper written rent demand, and the payment did not arrive. The petition asks the court for two things. First, a money judgment for unpaid rent. Second, a judgment of possession and a warrant of eviction if the rent remains unpaid.

Typical usage scenarios

Your tenant owes two months’ rent and ignored your 14-day written demand. Your tenant paid part of the balance, but a significant amount remains. A subsidy reduced the rent, but the tenant has not paid their share. Your building is rent-stabilized, and you seek the legal rent set by regulation. You manage a small building and need a court-backed plan for payment or move-out. You cannot change the locks or remove the tenant yourself. You need a court process. This petition starts that process.

When Would You Use a UCS-LTN2 – Petition for Non-Payment Eviction?

You use this petition when rent is due and unpaid after a proper written demand. The most common trigger is a 14-day rent demand that expired without full payment. If you served a noncompliant demand, fix that first. The court can dismiss your case for a defective demand.

Use it for residential units, whether the tenancy is on a lease or month-to-month. Use it in regulated housing if your rent claim matches the legal rent and registration. Use it if a voucher program pays part of the rent and the tenant owes their share. If a government agency paused payments for inspection issues, a non-payment case may be premature. Resolve the violation or rent abatement first.

This form also applies to some commercial tenancies. But many commercial leases have bespoke notice and cure terms. If the lease requires a different notice period or cure method, follow it before you file. Also, confirm the proper court for commercial cases in your county.

If your goal is to recover possession for a lease breach other than non-payment, do not use this form. Use a holdover petition instead. If you want repairs, this is not the right filing. A tenant can bring a separate case for repairs. You can also address repairs in a settlement in the non-payment case.

If the tenant moved out, you may not need a possession judgment. You can file a straight money claim in a civil court. But if you may need a warrant to remove remaining occupants, file this petition. You can name “John Doe” or “Jane Doe” for unknown occupants if needed.

Finally, consider whether accepting rent after filing changes your goal. If you accept full payment of the arrears claimed, the case may be moot. You can seek use and occupancy going forward, but the relief will shift. Decide your settlement range before you file.

Legal Characteristics of the UCS-LTN2 – Petition for Non-Payment Eviction

The petition is a sworn court pleading. It is not a contract. It does not evict anyone by itself. It becomes effective when you file it, pay the fee, and serve it with the Notice of Petition. A judge can then issue a judgment and warrant if you prove your claim.

Why is it legally binding?

You verify the petition under oath. False statements can lead to penalties, sanctions, or dismissal. The document frames the issues for the court. It tells the court who owes rent, how much, and why the court should award possession.

What ensures enforceability?

First, jurisdiction and venue. You file in the correct court in the county where the property is located. Second, compliance with statutes and court rules. You must serve a proper written rent demand before filing. You must serve the petition and Notice of Petition within the required time window and by an approved method. Third, proper party status. The petitioner must be the owner or a lawful agent. A corporation or LLC typically needs a licensed attorney to appear, especially in larger courts.

Service rules are strict. A licensed process server often handles service. The server must attempt personal or substitute service, or use conspicuous service if needed. Service must occur within a set period before the court date. Generally, it is at least 10 days and not more than 17 days before the hearing. If service is late or defective, the court can dismiss your case.

You must also address military service. The Servicemembers Civil Relief Act protects active-duty servicemembers. You will need a military status affidavit if you seek a default judgment. If the tenant is in active service, extra steps apply. The court may stay the case.

There are other legal considerations. The tenant’s right to cure is strong in non-payment cases. If the tenant pays all rent due before a judgment, dismissal is common. Courts can also stay a warrant if the tenant pays soon after judgment. Habitability counterclaims can reduce the rent due. If conditions are poor, the court may abate rent. If the unit is rent-stabilized, you must show the legal rent and proper registration. If a subsidy applies, you must claim only the tenant’s share.

Attorneys’ fees are not automatic. You must have a lease clause, and fees must be reasonable. Late fees are limited and may not be recoverable if they are excessive. The court will look at the lease, the law, and fairness. Interest may accrue, but is not guaranteed.

A complete, accurate petition strengthens your case. A sloppy petition slows you down. Courts expect itemized rent claims, proper notices, and proof of service. If any of these are missing, the judge can deny relief or order you to re-serve.

How to Fill Out a UCS-LTN2 – Petition for Non-Payment Eviction

Follow these steps to complete the form correctly and avoid delays.

1) Confirm prerequisites and gather documents.

• Prepare a 14-day written rent demand. Serve it properly. Wait for it to expire.
• Gather the lease and any renewals or riders.
• Print a clear rent ledger by month, showing charges and payments.
• Collect proof of rent regulation and registration, if applicable.
• If a subsidy applies, gather documents showing the tenant’s share.
• Identify all adult occupants. Decide whether to include unknown occupants as “John/Jane Doe.”

2) Complete the caption and court information.

• Enter the court name and county where the property is located.
• Use the standard landlord-tenant part name for that court.
• List the petitioner’s full legal name as it appears on the deed.
• If you file as an agent, include the owner’s name and your capacity.
• List the respondents’ full names as on the lease and mailbox.
• Add “John Doe” and “Jane Doe” if you want to include undertenants.
• Leave the index or docket number blank until the clerk assigns it.

3) Identify the premises.

• Enter the street address, apartment number, city, and zip code.
• Describe the dwelling type, such as apartment, basement unit, or single-family house.
• State the number of dwelling units in the building if the form requests it.
• If the building is a multiple dwelling, note the registration status if asked.

4) State the tenancy terms.

• Identify whether the tenancy is by written lease or month-to-month.
• List the original lease start date and current term or renewal date.
• Enter the full monthly rent. State the due date each month.
• If there is a rent rider, reference it and attach it as a schedule.
• If a voucher program applies, state the tenant’s share and the payor for the balance.
• If rent is regulated, check the box for rent-controlled or rent-stabilized. Attach registration confirmation.

5) Itemize the rent owed.

• List each month with the amount due and any payments received.
• Subtract all payments and credits. Show a clean running balance.
• Include only lawful “additional rent” charges as defined by the lease.
• Do not include unconscionable late fees or unlawful charges.
• Add the total unpaid rent through the month before filing.
• If you seek use and occupancy for the current month, note that separately.

6) Describe predicate notices and compliance.

• Confirm that you served a 14-day written rent demand.
• Enter the date of service and the method used.
• If someone else served it, name that person and their role.
• Attach the demand and its affidavit of service as a schedule.
• If the lease or law required any other notice, describe it and attach proof.

7) State the relief requested.

• Request a money judgment for the itemized rent due.
• Request a judgment of possession of the premises.
• Request a warrant of eviction to issue after judgment if the rent remains unpaid.
• Request ongoing use and occupancy while the case is pending.
• If your lease allows, request reasonable attorneys’ fees and costs.
• Ask for any other relief the court finds just.

8) Address rent regulation, if applicable.

• If rent-stabilized or rent-controlled, identify the regulatory status.
• Attach the latest registration and legal rent calculation.
• If a preferential rent applies, show the agreed rent and the basis.
• Confirm compliance with rider and notice requirements if the form prompts it.

9) Include military service information.

• State your knowledge of the respondents’ military status.
• If you do not know, state that and explain any inquiry you made.
• You will file a separate affidavit for a default judgment if needed.

10) Confirm the petitioner’s capacity and representation.

• If the owner is an individual, list the full name and address.
• If the owner is a corporation or LLC, list the entity’s legal name.
• Identify your attorney on the petition, if you have one.
• If you are a managing agent signing, state your authority to verify.

11) Verification.

• Review every figure and date for accuracy.
• Sign the verification in front of a notary public.
• The notary will complete the acknowledgment.
• Printed name and title should match the caption.

12) Prepare schedules and attachments.

• Schedule A: Lease, renewals, and riders.
• Schedule B: Itemized rent ledger showing charges and payments.
• Schedule C: 14-day rent demand and its affidavit of service.
• Schedule D: Rent regulation registration and related proofs.
• Schedule E: Subsidy documents showing the tenant’s share.
• Schedule F: Any prior stipulations or relevant notices.

13) Complete the Notice of Petition.

• Coordinate the return date with the clerk’s procedures.
• Make sure the hearing date gives you time to serve within the required window.
• The notice tells the tenant when and where to appear and how to answer.

14) File the case.

• Bring the signed petition, the notice, and all attachments.
• Pay the filing fee set by the court.
• Obtain the index or docket number and the assigned court date.
• Ask the clerk about any local rules on copies and service.

15) Serve the papers.

• Use a qualified process server familiar with landlord-tenant service rules.
• Serve the petition and the Notice of Petition on each respondent.
• Serve within the statutory time period before the court date.
• Use a permitted method: personal, substitute, or conspicuous service after proper attempts.
• The server must complete affidavits of service.
• File the affidavits with the court by the deadline.

16) Prepare for court.

• Bring originals and extra copies of all documents.
• Be ready to explain the ledger and how you computed the balance.
• Be ready to prove proper service of the rent demand and the petition.
• Bring proof of regulation status and registration if applicable.
• Consider settlement options, such as a payment schedule or repairs for abatements.

Common mistakes to avoid

• Filing without a valid 14-day written demand. Courts dismiss these cases.
• Claiming the wrong rent amount, including fees not allowed by law.
• Missing attachments, such as the ledger or demand proof.
• Failing to verify the petition before a notary.
• Serving outside the required time window or by an improper method.
• Naming the wrong owner or failing to show authority to file.

Practical tips

• Keep your ledger simple. One line per month with balance totals.
• Align the petition’s numbers with the ledger and the demand.
• If you accept a payment after filing, update your ledger for the court.
• If conditions are at issue, inspect and address them before the court.
• If you manage many units, standardize your schedules and checklists.

What happens after filing?

• The tenant can answer in writing or appear on the return date.
• The court may refer the case to explore a settlement.
• If the tenant pays in full, the case may end.
• If you reach a stipulation, read it carefully before you sign.
• If you go to trial, be ready with witnesses and documents.
• If you win and payment is not made, the court issues a warrant of eviction.
• The marshal or sheriff schedules the eviction. Only they can remove occupants.

Final checks before you sign:

• Are the parties’ names correct and complete?
• Does the address match the lease and the mailbox?
• Does the rent total match the ledger and the demand?
• Are all required schedules attached and labeled?
• Is the verification signed and notarized?

If you follow these steps, your petition will be complete, clear, and ready for filing. A precise, well-supported filing saves time in court. It also improves your chances of a fair and efficient outcome.

Legal Terms You Might Encounter

• Petitioner means the party bringing the case. On this form, you are the petitioner if you are the landlord or the authorized agent. Your name must match your lease or ownership records. List any business entity exactly as it appears in your documents.
• Respondent means the person or people you are suing. On this form, the respondents are the tenants and any known occupants who owe rent. Use full legal names if you know them. If you do not, write the names you use for rent billing and add “John or Jane Doe” for unknown occupants if allowed.
• Petition is the document that starts the case. UCS-LTN2 is the petition for non-payment of rent. It tells the court who owes rent, how much is due, and for what period. It also asks for a judgment and other relief allowed by law.
• Notice of Petition is the companion document that gives a court date and instructions. The petition and the notice of petition work together. You attach your completed petition to the notice of petition before filing and service. The court sets or confirms the date for the notice.
• Arrears are the unpaid amounts you are claiming. On this form, arrears include base rent by month and any items your lease allows, such as legal fees or late fees if permitted. Break out the amounts by month or billing period. Make sure your math is accurate.
• Predicate Notice refers to the rent demand served before filing. This is the written demand asking the tenant to pay the rent due. On this form, you confirm that you served the rent demand and state the date of service. You also attach a copy and any proof of service.
• Verification means you swear the petition is true. The form includes a verification section. You sign that section in front of a notary or other authorized officer. If you are an agent, the verification should state your authority.
• An Affidavit of Service is a sworn statement by the person who served documents. This form requires service later, after filing, but you will need an affidavit of service for the notice of petition and petition. Keep copies of all affidavits to file with the court.
• Jurisdiction and Venue describe the court’s power and location. On this form, you confirm that the apartment or property is within the court’s area. You also state that the case type is a non-payment of rent. Use the property’s exact address and unit number to show the venue is correct.
• Use and Occupancy is a fair value for living in the unit during the case. On this form, you can ask the court to award use and occupancy if rent is disputed. You still list the rent due as arrears. The court decides whether to grant use and occupancy.

FAQs

Do you need to attach the rent demand to this petition?

Yes. Attach a copy of the written rent demand you served before filing. Also, attach any proof of service for that demand. The petition refers to that notice and relies on it. Without it, your case may be rejected or dismissed.

Do you file a notice of petition with this form?

Yes. The petition must be filed with a notice of petition. The notice of petition sets the return date and tells the respondent when and how to appear. The court will provide timing and formatting guidance. Keep the two documents together and serve both.

Do you list all tenants and occupants on the petition?

List every tenant named on the lease. Also list known occupants, if allowed. Use full names and include middle initials if used in the lease. If you do not know an occupant’s name, you may include unknown occupants as permitted. Ask the clerk how to format these entries.

Do you include late fees or other charges in arrears?

Only include charges that your lease and law allow. Many fees are not recoverable in a non-payment case. If you include fees, separate them from base rent. Be ready to show the lease clause that supports each fee. When in doubt, list base rent by month clearly.

Do you need a ledger with the petition?

Attach a clear rent ledger that shows monthly charges, payments, and the running balance. The ledger should match the totals you claim in the petition. Include the start date of the arrears and the current end date. Make sure each payment is shown on the date received.

Do you need to notarize the petition?

Yes. The petition must be verified. Sign the verification in front of a notary or authorized officer. If you sign as an agent, your verification should state your role and authority. Bring identification and do not sign until instructed.

Do you need a separate petition for each apartment?

Yes. File one petition per rental unit. If you manage multiple units, do not combine them on one form. Each petition must list the specific unit, the tenants for that unit, and the arrears for that unit only.

Do you serve the papers yourself?

Do not serve them yourself. Arrange service by a qualified person who meets the court’s rules. The server must complete an affidavit of service for the notice of petition and petition. File the affidavit as directed by the court.

Checklist: Before, During, and After the UCS-LTN2 – Petition for Non-Payment Eviction

Before signing

• Lease and renewals for the unit.
• Written rent demand and proof of service.
• Rent ledger with monthly charges and payments.
• Any riders or addenda that affect rent.
• Ownership documents or management agreement.
• Written authorization if you sign as an agent.
• Full legal names of all tenants and known occupants.
• Exact property address and unit number.
• Calculation of arrears by month and total due.
• Copies of any payment plans or settlement emails.
• Contact details for you or your agent.
• Notary access for verification.

During signing

• Confirm your name matches your ownership or agency documents.
• Confirm each respondent’s name and spelling.
• Check the unit number and full street address.
• Review the arrears period start and end dates.
• Verify rent amounts per month match the ledger.
• Separate base rent from any claimed fees.
• Confirm the rent demand date and service details.
• Make sure all required attachments are included.
• Complete the verification and sign before a notary.
• Initial any corrections in ink and recheck totals.

After signing

• Make at least three complete sets of copies.
• Attach the petition to the notice of petition.
• File both with the correct court for the property location.
• Pay the filing fee or submit a fee waiver request if needed.
• Obtain the case number and return date from the clerk.
• Arrange proper service of the papers to each respondent.
• Get an affidavit of service from the server for each person.
• File proof of service as directed by the court.
• Calendar the return date and any deadlines.
• Store the originals and stamped copies in a safe place.
• Bring originals and ledgers to every court appearance.
• Keep notes of any tenant communications after filing.

Common Mistakes to Avoid

• Don’t forget the rent demand. Filing without a proper demand often leads to dismissal. You may have to start over and lose time and money.
• Avoid wrong or incomplete names. If you omit a tenant or misspell names, your judgment may not cover the right person. Correcting this later can delay the case.
• Do not lump charges together. Mixing fees with base rent without detail confuses the claim. The court may reduce your award or question your ledger.
• Watch your math. A wrong total can undermine credibility. The court may require amendments or deny part of your claim.
• Do not skip verification. An unsigned or unnotarized petition is defective. You may need to refile and repay fees.
• Avoid vague dates. If you do not list the months owed, the court cannot tell what you seek. State the start and end months clearly.
• Do not serve papers yourself. Improper service can void the case. Use a qualified server and keep affidavits.
• Don’t ignore attachments. Missing the rent demand, ledger, or lease pages invites challenges. Attach clear copies that support each claim.

What to Do After Filling Out the Form

1. Review the packet as a whole. Confirm that the petition, notice of petition, and attachments match. Check for legibility on every copy.
2. File your papers with the correct court for the property. Bring the original and copies. Pay the fee or request a fee waiver if you qualify. Ask the clerk to stamp and return your copies with the case number.
3. Confirm the return date on the notice of petition. Some courts assign dates. Others allow you to select dates within set windows. Write the date clearly on all copies if not preprinted.
4. Plan service immediately. Choose a qualified server who knows the court’s rules. Provide the server with the petition, notice of petition, and all exhibits. Give clear instructions for multiple respondents at the same address.
5. Track service attempts. Ask the server to record dates, times, and methods. Make sure the server completes an affidavit of service for each respondent. Review the affidavits for accuracy.
6. File proof of service before the deadline. Bring the affidavits to the clerk or file as directed. Keep stamped copies. Missing this step can cancel your court date.
7. Prepare for the first appearance. Bring originals of the lease, rent demand, ledger, and any proof of payment. Bring photos or work orders if you expect repairs to be raised. Have a simple summary of the arrears by month.
8. Organize your exhibits. Tab each month’s charges. Highlight payments and their dates. Prepare a one-page arrears chart. A simple presentation helps the court follow your claim.
9. Communicate professionally with the tenant. You can accept payment after filing. Provide a written receipt and update your ledger. If you settle, prepare a written stipulation for the court.
10. Amend if you find an error. If a date, amount, or name is wrong, prepare an amended petition. File and serve the amendment as the court requires. Do this early to avoid delays.
11. Update amounts before judgment. If more rent comes due while the case is pending, you may ask to include it. Use a supplemental statement that shows new months and totals. Follow court instructions on timing and service.
12. Keep records current. Store a complete set of filed papers, service proofs, and correspondence. Back up digital copies. Good records make hearings faster and smoother.
13. Follow the court’s directions at each step. If the court orders disclosures, deadlines, or mediation, note them clearly. Confirm any new dates before you leave the courthouse.
14. Plan next steps after judgment. If the tenant pays, provide satisfaction and close your file. If money remains due, consider collection options allowed by law. Keep all judgments and receipts organized.
15. Stay consistent with your lease going forward. Bill rent on time and track payments daily. Send clear statements each month. A clean ledger is your best support in any future dispute.