New York Notice of Petition

State:
New York
Control #:
NY-QNS-29
Format:
PDF
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Description

Notice of Petition

A New York Notice of Petition is a legal document that initiates a legal proceeding in New York. The Notice of Petition informs the respondent of the nature of the action and the relief sought by the petitioner. The Notice of Petition must include the names of the parties involved, the court in which the action will be brought, the nature of the action, and the relief sought by the petitioner. There are two types of New York Notice of Petition: a Summons and Complaint and a Petition and Verified Answer. A Summons and Complaint is the first step in initiating a legal action in New York and must be served on the respondent. The Summons and Complaint includes the names of the parties involved, the court in which the action will be brought, the nature of the action, and the relief sought by the petitioner. The Petition and Verified Answer is the second step in initiating a legal action in New York and must be served on the respondent. The Petition and Verified Answer includes the names of the parties involved, the court in which the action will be brought, the nature of the action, and the relief sought by the petitioner, as well as the respondent’s response to the petition.

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FAQ

For New York City rent stabilized tenants, the landlord must give written notice to the tenant of the right to renewal by mail or personal delivery not more than 150 days and not less than 90 days before the existing lease expires. After the notice of renewal is given, the tenant has 60 days in which to accept.

A Notice of Petition and Petition initiates an action by a Petitioner and is to be served in the same manner as a Summons and Complaint. A Request for Judicial Intervention must accompany the documents. There is a return court date for Respondents by which they must answer.

14 DAY NOTICE: The 14 day notice must state the amount of the rent due and the period of time for which the amount is due, together with a demand that the total amount be paid within 14 business days after service of the notice. The date of service, Saturdays, Sundays and holidays are excluded.

New York Notice to Vacate Forms are used by landlords and tenants in New York to notify the other party that they do not intend to renew their rental agreement. This New York Notice to Vacate Form notifies tenants to vacate the rental property, remove their possessions and return the keys by the expiration of the term.

A: A marshal must serve the tenant with a Notice of Eviction, before the eviction. Simply stated, this means that the marshal must wait at least three (3) business days after service of the Notice of Eviction before evicting the tenant. (Business days are considered Monday through Friday, except for legal holidays.)

Overview. In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.

For example, if the landlord wants the tenant to move out by November 1 and the rent is due on the first of each month, the landlord must give notice by September 30. In New York 5 Page 9 City, 30 days' notice is required, rather than one month.

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New York Notice of Petition