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New York Petition for Commencing Holdover Proceeding

New York Petition for Commencing Holdover Proceeding

Name: New York Petition for Commencing Holdover Proceeding
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.66 (431 reviews)

Category:

New York Local County - Suffolk - General

State:

New York

Control #:

NY-SF-56

Format:

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Description

Petition for Commencing Holdover Proceeding New York Petition for Commencing Holdover Proceeding is a legal document used to begin a landlord-tenant case in New York when a tenant is holding over a premise. It is filed by the landlord in the housing court to start a proceeding to evict the tenant. This petition is used when the tenant remains in the rental unit after the expiration of the lease or rental agreement or after receiving a notice to quit from the landlord. There are two types of New York Petition for Commencing Holdover Proceeding: Non-Payment Petition and Holdover Petition. A Non-Payment Petition is used when a tenant has not paid rent or has broken other terms of the lease agreement. A Holdover Petition is used when a tenant has stayed in the rental unit beyond the expiration of the lease or rental agreement without the landlord's consent, or has otherwise breached the terms of the lease agreement.

New York Petition for Commencing Holdover Proceeding is a legal document used to begin a landlord-tenant case in New York when a tenant is holding over a premise. It is filed by the landlord in the housing court to start a proceeding to evict the tenant. This petition is used when the tenant remains in the rental unit after the expiration of the lease or rental agreement or after receiving a notice to quit from the landlord. There are two types of New York Petition for Commencing Holdover Proceeding: Non-Payment Petition and Holdover Petition. A Non-Payment Petition is used when a tenant has not paid rent or has broken other terms of the lease agreement. A Holdover Petition is used when a tenant has stayed in the rental unit beyond the expiration of the lease or rental agreement without the landlord's consent, or has otherwise breached the terms of the lease agreement.

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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.

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.

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

If you are served with a holdover petition, generally you must answer orally or in writing in the courtroom on the date of the hearing. However, if the petitioner serves the notice of petition at least 8 days prior to the return date, the notice of petition may ask you to answer at least 3 days before the hearing date.

You have defenses against a landlord who tries to evict you because you've complained, even if you live in an unregulated apartment. Your landlord doesn't have to renew your lease if you live in an apartment not protected by rent stabilization or rent control laws.

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.

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.

A court case to evict a tenant who remains in a rental property after the tenant's right to occupy the rental property has ended is called a Holdover Summary Proceeding. In this kind of lawsuit, the landlord asks the judge to grant a judgment that will allow the landlord to evict the tenant.

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A holdover case is brought to evict a tenant or a person in the apartment who is not a tenant for reasons other than simple nonpayment of rent. Bring your completed Notice of Petition and Petition to the court.If the tenant was given a Written Notice to Terminate, attach a copy of it to the Petition. You should read the "Landlord's Guide to Holdover Summary Proceedings" before completing any of these forms. If you receive a paper called a Petition and Notice of Petition Holdover, your landlord has started a "Holdover proceeding" against you. (a) Such proceedings involving residential property shall be commenced in the housing part. The Petition and Notice must be served between 5 and 12 calendar days from the court date. Edit, sign, and share nys court forms petition eviction holdover online. No need to install software, just go to DocHub, and sign up instantly and for free. Landlord may accept rent after commencement of holdover proceeding without undermining the prosecution.

New York Petition for Commencing Holdover Proceeding

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What is a holdover proceeding in NY State?

How do you start a holdover proceeding in NYC?

How long does it take to evict a holdover tenant New York?

How do you answer a holdover petition in NY?

What are the defenses to a holdover in NYC?

How do I get rid of a holdover tenant in NYC?

How long does a holdover case take in NY?

What is a holdover summary proceeding in NY?

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