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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.
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.
Generally, Letters of Administration are documents issued by the New York Surrogate's Court authorizing a person (called 'Administrator') to manage or distribute the property of a deceased person who died intestate (without making a Will).
The sheriff's office will first serve a 72-hour notice on the tenants, informing them that they have 72-hours to vacate the rental premises, or they will be physically removed. The service of this notice is required by New York landlord tenant law and is made personally by uniformed deputies who come to the house.
Elements of a petition letter: Be sure to use the correct title for the judge you're addressing (Honorable Judge, Chief Justice, etc.). State background and relevant facts. Introduce yourself and explain the problem you're looking to solve. Use a professional tone and write in the format of a business letter.
Such an application must be filed with the Surrogate's Court in the county where the decedent lived. You should note that most Surrogate's Courts in the various counties have the same requirements regarding the documents that must be filed. However, there are some courts that have their own requirements and forms.
A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.
In order to avoid a default, the Defendant must respond upon being served with either the summons with notice or the summons and complaint within the applicable time frame. These deadlines are found in CPLR §320(a) and are 20 or 30 days depending on how service was made.