The Law Offices of John Nacca

Full Service Rochester Law Firm

Who Are We?

The Law Offices of John Nacca is a full service Rochester law firm dedicated to representing our clients with efficiency and integrity. Our legal practice extends to all of Western New York and our clients range from individuals to large companies. Our mission is to zealously advocate for our clients while at the same time providing each with individualized attention. We pride ourselves on our longstanding relationships with our clients and treating our clients as family. Thank you for visiting our site. We welcome the opportunity to work with you.

Landlord Services

Non-Payment

A tenant may be evicted for not paying their rent. Depending on the judge, a cap may be put on the number of months of back rent you can collect. Therefore, it is wise to start eviction proceedings sooner rather than later. Please keep in mind that under the new laws, you will NOT be awarded late fees or attorney fees in a landlord/tenant action. It is important to remember that the main defense to a non-payment petition is payment. Therefore, if the tenant shows up to court with all rent owed, the petition will be dismissed.


The first step to a non-payment eviction is to provide the tenant with a “14 Day Notice to Pay or Quit” letter, which must be served properly in the same manner that a Notice of Petition and Petition is served. We HIGHLY recommend hiring our office or a professional Process Server to serve these notices for you directly. 


Upon expiration of the 14 day notice, our office will automatically proceed with filing the non-payment petition with the court who will then assign a court date. It generally takes at least two (2) months to be heard in Rochester City Court after the petition has been filed. Not only does the court’s schedule dictate how soon we can get into court but the legal requirements of serving the tenant does as well. Town Courts have their own dockets to adhere to. Some towns may allow us to choose our own date, other courts may only schedule evictions on certain days of the month (ie. First Tuesday of the month, etc.).

Before Court

It generally takes at least three (3) weeks to be heard in Rochester City Court after the petition has been filed. Not only does the court’s schedule dictate how soon we can get into court but the legal requirements of serving the tenant does as well. Town Courts have their own dockets to adhere to- some towns may allow us to choose our own date, other courts may only schedule evictions on certain days of the month (ie. First Tuesday of the month, etc.). It is important to provide us with a copy of the lease (if one exists) and an idea of what you would like to happen in Court. Some landlords prefer to reach an agreement in court (payment plan) while others want the tenant out if the tenant does not show up with all rent owed. While we cannot guarantee what will happen in court it does make it a smoother process if we are aware of your expectations.

In Court

Almost every judge in every court will require the attorney to speak with the tenant before appearing in front of the judge. A lot of times an agreement can be reached with the tenant and presented to the judge. In the event an agreement is not reached, we will go in front of the judge and have him/her make a decision. Under the most recent laws, the matter must be scheduled for a hearing at least 14 days out to allow both the landlord and tenant the opportunity to present witnesses and/or evidence. If a hearing is scheduled, we will notify you if we need additional information and/or your appearance. Please be advised that the judge has the discretion to determine the judgment amount to be awarded (if any). Additionally, the judge can determine if a warrant is granted and the stay date. We will certainly do our best to give you the results you are seeking but keep in mind that the judge can rule over our objection and make his/her own determination.

After Court

Our office will notify you via email once the case has been resolved. If an immediate warrant is granted (meaning the warrant can be served that day) we will automatically request that court give the warrant to the Marshal for service.


If the warrant is stayed (meaning held off to some point in the future) you will need to call/email our office and let us know if the warrant needs to be served. Please know, warrants are only good for 30 days after the stay date. If the warrant is not served before the 30 day time period, you will have to redo the eviction.


If a payment plan was made in court and the tenant defaults, please email our office and provide an updated ledger. At that time, we will submit an Affidavit to court letting the judge know that the tenant defaulted and request that they give the warrant to the Marshal. In this scenario, it may take an extra couple of days for the Marshal to receive the warrant as the judge must review and approve our Affidavit before issuing the warrant.


The Marshal will usually receive the warrant within a day or two after we notify court (or longer if an Affidavit is required). The Marshal will serve the warrant to the tenant as soon as possible. A warrant of eviction gives the tenant 14 calendar days to leave the property. If the tenant is still there after 14 calendar days, you must arrange a lock out with the Marshal directly. Please know, we are not notified when court gives the warrant to the Marshal or when the Warrant is served. 



For actions outside of Monroe County, the warrant will be sent to the County’s Sheriff Department for service. The Landlord / owner would then follow up with the County Sheriff’s office to arrange the lockout. 

Holding Over

A tenant may be evicted for holding over when he/she remains at the premises after being notified that their month-to-month tenancy is being terminated or upon the expiration of the lease. 



Before starting a holdover proceeding the tenant must be served with a termination notice. Under the new laws the tenant’s termination notice may be a 30 day, 60 day, or 90 day notice. The amount of time needed is dependent on how long the tenant has lived at the property as well as how long the lease term is (if applicable). 


Upon expiration of the termination notice, our office may proceed with filing the holdover eviction with the court. If our office completed the termination on your behalf, you must call / email our office and direct us to proceed. It is also important NOT to accept money after the termination notice expires. The termination notice advises the occupant that they are no longer your tenant as of the expiration date of the termination notice. Therefore, if you accept money after the termination notice expires, you reinstate the occupant as a month-to-month tenant.

Objectionable Tenancy

A tenant may be evicted for being an “objectionable tenant”. An objectionable tenancy may occur when the tenant repeatedly violates the lease, is engaging in unlawful conduct or other serious disturbances. If there is a lease, it is important to read the terms of the lease as it may outline the procedure the landlord must follow. It is important to remember that the tenant’s conduct must truly be objectionable. Examples of objectionable conduct include repeated encounters with the police, the assignment of nuisance points to the property and repeated behavior that is in violation of the lease (ie. Having a pet when pets are not allowed; frequent loud behavior that is disrupting neighbors, etc.). A tenant may NOT be evicted because they are annoying, because they pay their rent but pay it late every month or because you simply want to get rid of the tenant.

The Landlord Tenant Process

The primary purpose of a landlord tenant summary proceeding is to allow the owner/landlord to regain possession of the premises. The most common ways to evict a tenant are Non-Payment and Holdover.

The Court Process

Know what to expect

Practice Areas

Business and corporate law is a broad term that includes many different areas of the law, including contract law, employment law, intellectual property law, securities law, and litigation.

Who will care for your children if you die? And how do you make sure your children will spend the money you leave them responsibly? An estate plan can resolve legal questions and ensure your loved ones are provided for in your absence.

When someone dies, all their property, investments, stocks, accounts and debts are combined into one broad category called their estate. What happens from there is governed by probate and estate administration laws.

While buying and selling a home is a routine process, you may encounter situations that could cause a dispute or delay in the process. You may want to consider speaking with a lawyer to help you understand your options should any of these situations arise.

Commercial real estate is property used for a business purpose that the owner expects to make a return on. The most common legal issues in commercial real estate involve land disputes or problems with a lease.

Litigating trust and estate disputes can be a difficult, emotionally draining experience. This is because trust and estate litigation cases often arise out of legal dispute between family members.

What people are saying

We have been using Nacca Law Firm for a couple years now, they were instrumental in helping us get thru the pandemic with our eviction cases. They are reliable, responsive & they get things done! Also, wna shout out Samantha she is a force of nature with her knowledge & in running such a busy office!



Majestic Property Emporium

Share by: