The New York Affidavit of Occupancy and Possession is a legal document used to certify that a tenant is occupying a residential property in New York. It is generally used by landlords and tenants in order to establish a tenant's rights and obligations in a rental agreement. The affidavit is also used to transfer title to a tenant if the owner of the property passes away or is otherwise unable to manage the property. There are three types of New York Affidavit of Occupancy and Possession: a Standard Form, a Nonpayment Affidavit, and a Succession Affidavit. The Standard Form is used when a tenant is occupying the property under a valid lease and the landlord wants to confirm that the tenant is living there. The Nonpayment Affidavit is used when a tenant has not paid rent, and the landlord needs to verify the tenant's occupancy. The Succession Affidavit is used when the owner of the property passes away and the tenant is attempting to take over the property. In order to complete the affidavit, the tenant and the landlord must provide information such as the tenant's name and address, the landlord's name and address, the address of the property, the date of occupancy, the term of the lease, and the amount of rent due. The tenant must also provide proof of occupancy such as a copy of the lease or a utility bill in their name. The landlord must provide proof of ownership such as a deed or tax bill. Both the landlord and the tenant must sign the affidavit in order for it to be valid.
New York Affidavit of Occupancy and Possession
Description
Definition and meaning
The New York Affidavit of Occupancy and Possession is a legal document that certifies the occupancy status of a property. It is typically used by buyers or owners to confirm that they intend to occupy the property as their primary residence. This affidavit is crucial in the process of obtaining a mortgage loan, as lenders require assurance that the property is or will be occupied by the borrower.
How to complete a form
Completing the New York Affidavit of Occupancy and Possession involves several steps:
- Start by entering the property address where indicated.
- Affirm your intention to occupy the premises as your main residence.
- Specify the occupancy status of the property, selecting appropriate options related to current tenants.
- Sign the affidavit in front of a notary public.
Once completed, ensure that you retain a copy for your records.
Who should use this form
This affidavit is primarily used by individuals or entities who are purchasing or financing a property in New York. It is specifically beneficial for homebuyers, property owners, and mortgage applicants who need to verify their intended primary residence status to lenders or other parties involved in the transaction.
Key components of the form
The New York Affidavit of Occupancy and Possession includes the following key components:
- Property Address: The specific address of the property being affirmed.
- Occupancy Intent: A declaration of intent to occupy the property as a primary residence.
- Current Occupants: Disclosure of any current tenants or occupants.
- Signature and Notarization: Required signatures and notary acknowledgment to validate the document.
Common mistakes to avoid when using this form
When filling out the New York Affidavit of Occupancy and Possession, it is important to avoid the following common mistakes:
- Failing to provide the correct property address.
- Not clearly stating the occupancy intent.
- Overlooking the need for notarization.
- Not keeping a copy for personal records after submission.
What to expect during notarization or witnessing
When you are ready to notarize the New York Affidavit of Occupancy and Possession, you should prepare for the following:
- The notary public will require you to present valid identification.
- You will need to sign the document in the presence of the notary.
- The notary will then affix their seal, sign, and date the affidavit to complete the notarization process.
This step is crucial for the form to be considered legally binding.
How to fill out New York Affidavit Of Occupancy And Possession?
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Follow these straightforward instructions on how to acquire the ready-to-use New York Affidavit of Occupancy and Possession:
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FAQ
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.
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.
Most New York City evictions will take around 3 to 6 months. However, the reason for the eviction can impact the timing. If the tenant has violated the lease, you can evict them in less than 3 months. Evicting a holdover tenant can take a lot longer, especially if they claim you didn't properly serve them notice.
Holdover cases - Your landlord is not renewing your lease How long you have lived at the property or how long is your lease period (whichever is longer)Amount of NoticeLess than one (1) year30 days in advanceAt least one (1) year, but less than two (2) years60 days in advanceTwo (2) years or more90 days in advance
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
In New York State and New York City, a holdover tenant is someone who refuses to leave or pay rent after their lease agreement has ended. They must be a month-to-month tenant or have lawfully occupied the property for more than 30 days.
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.
Landlords in both New York State and New York City can evict holdover tenants through a holdover summary proceeding?a process that's similar to a regular eviction. However, NYC landlords have to show good cause to evict a holdover tenant who is in a rent-controlled apartment.
