RPAPL 7 VOLUME 1 Flashcards
701 Jurisdiction, courts, and venue
- A proceeding to recover real property is a special proceeding, and may be maintained in following courts:
- a ____________ court
- court of a police justice of the village
- a __________ court
- a court of civil jurisdiction in a city
- a ___________ court
County .. justice …… district
701 Jurisdiction, courts, and venue
Place of trial shall be within the _________ of court in which real property or a portion of it is located.
Except that: if property is located in an incorporated village which includes parts of two or more towns, proceeding may be tried by a ____________ of any such town who keeps an office in the village.
jurisdictional area…. justice of the peace
702 Rent in a residential dwelling
Rent is amount paid for use and occupancy pursuant to _________ or _______ agreement.
written or oral
711 Grounds where landlord-tenant relationship exists.
An occupant of a rooming house or hotel is a tenant if the occupant has been a tenant for ______ or more consecutive days.
Occupant cannot be removed from possession except in a special proceeding.
30
711 Grounds where landlord-tenant relationship exists.
A special proceeding may be maintained upon the following grounds:
- Tenant continues in possession after the __________ without landlord’s permission (or permission of new lessee entitled to possession).
- If landlord accepts rent in this situation, the acceptance does not terminate proceeding or effect any award of possession.
- In a proceeding to terminate lease based on a lease provision that tenant is deemed objectionable, the landlord must prove that the tenant is objectionable.
term expires
711 Grounds where landlord-tenant relationship exists.
A special proceeding may be maintained upon the following grounds:
- Tenant has defaulted in paying rent AND
a) a demand for rent has been made, or
b) ________ day written notice requiring payment of rent or possession of premises has been served (no oral demand allowed).
- Landlord may waive right to proceed only by an express consent in writing.
- Such consent shall be revocable at will.
- Successor to landlord may proceed under this section if he has a right thereto.
- Where a tenant dies during the term of the lease and rent due has not been paid and the apartment is occupied by a person with a claim to possession, a proceeding may be commenced naming the occupants of the apartment seeking a possessory judgment only as against the estate.
14
711 Grounds where landlord-tenant relationship exists.
A special proceeding may be maintained upon the following grounds:
- Tenant in a city has defaulted for _______ days in paying taxes or assessments as per agreement AND
- a demand for rent has been made, or
- ____ -day notice in writing requiring payment of interest and penalty thereon or possession of premises
- Acceptance of any rent shall NOT be construed as waiver of agreement to pay taxes and assessments.
60…. 3
711 Grounds where landlord-tenant relationship exists.
A special proceeding may be maintained upon the following grounds:
- Tenant under a lease of _________ or less takes benefit of _____________ statute or is adjudicated a bankrupt.
3 years………. insolvency
711 Grounds where landlord-tenant relationship exists.
A special proceeding may be maintained upon the following grounds:
- Premises are used or occupied as:
- a _________ house
- place for _________ persons
- place for ____________
- place for any illegal trade or manufacture
- other illegal purpose.
Bawdy……… lewd….. prostitution
711 Grounds where landlord-tenant relationship exists.
- Tenant in a city of over one million removes batteries or makes inoperable smoke or fire detector (provided that the court issues an order of violation and tenant does not comply within __________ days and also does not comply thereafter within an additional __________ days period to cure).
30…. 10
713 Grounds where NO landlord-tenant relationship exists
A special proceeding may be maintained after a ________ -day notice to quit has been served on the respondent upon any of the following grounds:
- Property has been sold by virtue of an execution against him and title perfected.
10
713 Grounds where NO landlord-tenant relationship exists
A special proceeding may be maintained after a 10-day notice to quit has been served on the respondent upon any of the following grounds:
- The agreed upon term to occupy and cultivate it for shares of ______ has expired.
crops
713 Grounds where NO landlord-tenant relationship exists
A special proceeding may be maintained after a _______ -day notice to quit has been served on the respondent upon any of the following grounds:
- If the occupant is a squatter without permission or permission has been revoked and notice of revocation has been given to the person to be removed.
10
713 Grounds where NO landlord-tenant relationship exists
A special proceeding may be maintained after a 10-day notice to quit has been served on the respondent upon any of the following grounds:
- Property has been sold or acquired for unpaid _______
taxes.
713 Grounds where NO landlord-tenant relationship exists
A special proceeding may be maintained after a 10-day notice to quit has been served on the respondent upon any of the following grounds:
- Property has been sold in ________ and deed or certified copy of deed has been exhibited to the occupant.
foreclosure
