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This document serves as a legal notice to tenants regarding a hearing for eviction in the Civil Court of the City of New York, detailing the rights and obligations of both the petitioner (landlord)
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How to fill out notice of petition
How to fill out Notice of Petition - Hold Over
01
Begin by downloading the Notice of Petition - Hold Over form from your local court's website or obtain a physical copy from the courthouse.
02
Fill in the title of the court where you are filing the notice.
03
Write your name and address as the petitioner at the top of the form.
04
Include the name and address of the respondent (the tenant) in the designated section.
05
Clearly state the reason for holding over, specifying any relevant dates and lease agreements.
06
Provide the specific relief or action you are seeking from the court.
07
Sign and date the form where indicated.
08
Make multiple copies of the completed form for your records and for serving the respondent.
09
File the original Notice of Petition - Hold Over with the court clerk and pay any required filing fees.
10
Serve the respondent with a copy of the Notice of Petition as per the legal requirements in your jurisdiction.
Who needs Notice of Petition - Hold Over?
01
Landlords or property owners who want to initiate eviction proceedings against a tenant for holding over their lease without permission.
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People Also Ask about
How do I stop a holdover eviction in NY?
You will need to fill out an Affidavit and Order to Show Cause papers and bring them to the courthouse. If a Judge signs the Order to Show Cause with a stay of the eviction, this will stop the eviction after you have delivered the Order to Show Cause to the landlord/owner and any Marshal, Sheriff or Constable.
How do you answer a holdover petition in NY?
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.
What is a notice of holdover petition in NYC?
The “Notice of Holdover Petition” form is used by landlords in New York City to initiate a holdover eviction proceeding against a tenant. This type of eviction is sought for reasons other than non-payment of rent, such as the tenant violating lease terms or staying beyond the lease period.
What is a notice of petition in NY?
To start a nonpayment case, the landlord/owner must give you court papers called a Notice of Petition and Petition. The Notice of Petition tell you the date, time and place (courtroom or Part) when you have to come to court. The court date must be between 10 and 17 days after you get the court papers.
How long does it take for a landlord to evict a tenant in New York?
New York Tenant Eviction Process Timeline Providing a Notice14-90 calendar days Serving the Complaint 10-17 business days Tenant Response 10 or fewer business days Court Process 10-20 business days Final Move-out Period 14 business days or fewer
What does holdover mean in law?
A holdover tenant is a tenant that continues paying rent even after their lease agreement has ended.
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What is Notice of Petition - Hold Over?
The Notice of Petition - Hold Over is a legal document used in eviction proceedings to inform a tenant that the landlord is seeking to regain possession of the rental property due to the tenant's failure to vacate after the lease term has ended.
Who is required to file Notice of Petition - Hold Over?
The landlord or property owner is required to file the Notice of Petition - Hold Over when they wish to initiate an eviction process against a tenant who has not left the premises after the lease agreement has expired.
How to fill out Notice of Petition - Hold Over?
To fill out the Notice of Petition - Hold Over, the landlord must include relevant information such as the names of the parties involved, the address of the rental property, the reason for the holdover, and any applicable dates related to the lease agreement.
What is the purpose of Notice of Petition - Hold Over?
The purpose of the Notice of Petition - Hold Over is to formally notify the tenant that the landlord is seeking legal action to reclaim possession of the property due to the tenant's continued occupancy without consent after the lease has expired.
What information must be reported on Notice of Petition - Hold Over?
The Notice of Petition - Hold Over must report the names of the landlord and tenant, the address of the premises, the expiration date of the lease, reasons for the holdover, and details about the court where the petition will be filed.
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