Forms Packet For Holdover Summary Proceedings For Courts Outside New York City - This landlord eviction forms packet contains the following forms:
Notice to Terminate
Notice of Petition: Holdover Proceeding
Holdover Petition to Recover Possession of Real Property
Affidavit of Personal Service
Affidavit of Substituted Service or Conspicuous Place Service
Holdover Judgment
Warrant of Eviction: Holdover
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Defenses to a Holdover Case You didn't do what the landlord/owner said you did. It is not as bad as the landlord/owner said. You fixed the problem when you got a Notice to Cure. The Notice to Cure or the Notice of Termination does not contain enough details for you to understand what the landlord/owner is claiming.
If you have been served a holdover eviction notice, you may qualify for free legal representation in Housing Court or free legal counsel to help you avoid eviction. Legal services include: Representing you in Housing Court. Negotiating with your landlord.
As a landlord, you may start a Holdover Summary Proceeding to evict the tenant immediately after that date if the tenant fails to leave unless the lease or other rental agreement says that you have to give the tenant additional notice of when to leave.
A landlord must file two court forms to begin a Holdover Summary Proceeding: (1) a Notice of Petition - Holdover; and (2) a Holdover Petition to Recover Possession of Real Property. The two court forms and instructions for filling them out are included in the Forms and Instructions section of this booklet.
To start a holdover case, the landlord/owner must give you court papers called a Notice of Petition and Petition. The landlord/owner must give you the papers the right way (see page 6). The papers tell you the date, time and place (courtroom or Part) when you must come to court.
