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. A holdover case is much more complicated than a nonpayment case. A holdover proceeding can have many variations. For example, if the tenant has violated a lease provision, illegally put others in the apartment, has become a nuisance to other tenants, or is staying after a lease has expired, the landlord may bring a holdover case. A roommate named on the lease can also bring a holdover proceeding to evict a roommate who is not named on the apartment’s lease.
There may or may not be a landlord/tenant relationship, and the petitioner may or may not need to show a good reason why a respondent’s occupancy should be terminated. The parties’ rights may be determined by a lease or other agreement, housing laws and regulations, and/or the New York State or the United States Constitution. A predicate notice may or may not have to be served.
Many notices are required by law to be served on the tenant before the commencement of a holdover proceeding, depending on the nature of the tenancy and the grounds upon which the proceeding is brought. They include Notices to Quit, Notices to Cure a Substantial Violation of the Lease, Notices of Termination, or Notices of Intent Not To Renew a Lease. For example, a 10-day Notice to Quit is for a “squatter” or “licensee.” Someone you allowed to stay with you without paying is called a “licensee.” A “squatter” is a person who came in without permission and did not pay any rent.
You must purchase the appropriate predicate notice form and serve it to the tenant in the manner required by law. Different rules for when and how to serve the predicate notices apply in different cases. For example, a 30-day notice must be served on the tenant before the beginning of the next “rental term.” A rental term is a time beginning when the tenant is supposed to pay the rent and end the day before the next rental payment is due. If you are using the 10-day notice for a licensee or squatter, you can serve it at any time. Once you obtain the correct predicate notice, you should complete the form and make photocopies.
Generally, this means hiring a professional eviction service. The process of how to determine which eviction service to call and then how to figure out if they’re the right fit for your case is sure to be an important one, and there can be no doubt that you want to get it right. There are a couple of things that you should keep in mind as you look for the eviction service that is right for you. First, your eviction service should be familiar with the eviction process. Taking advantage of a Free quote can be a great way to get a feel for what the eviction service can offer you and whether or not they treat you as a person or case number. This idea of being more than a case number is important because it can change how the eviction service handles your case.
Starting a Case
If you are starting a licensee holdover because a person is living on the premises you tenant invited to stay before your tenant moved out, you can use the free and easy Small Property Owner Licensee Holdover Petition DIY Form program to make your court papers. For any other kind of holdover case, you must purchase the following legal forms, which can be purchased in a legal stationery store, such as Blumberg:
Notice of Petition
The holdover petition must contain:
1) the interest of the petitioner in the premises;
2) the interest of the respondent in the premises and his/her relationship with the petitioner;
3) a description of the premises;
4) the facts upon which the proceeding is based; and,
5) the relief sought.
The Rules of the Court also require a petitioner to plead whether the building is a multiple dwelling, and if so, that there is a currently effective registration statement on file with the office of code enforcement, and the multiple dwelling registration numbers along with the name and address of the managing agent. You must fill out the forms and then bring the forms, including the predicate notice, to the cashier’s window, at the Landlord-Tenant Clerk’s Office to buy an index number. Payment may be made by cash, certified check, or money order. Make the money order or certified check payable to the “Clerk of the Civil Court.” You must choose the court date on the Notice of Petition. A Landlord/Tenant clerk will give you the courtroom number and the assigned time for you to fill out the papers. The clerk will give you back the Notice of Petition with the index number stamped onto it and the date of the hearing.
The landlord must make sure the tenant receives a copy of the Notice of Petition and the Petition in the manner required by law. The Petition and Notice of Petition copies must be served not less than five calendar days and not more than twelve calendar days from the court date.
After serving the papers, the landlord must bring back the original Notice of Petition with the notarized affidavit of service on the backfilled out. The landlord must also bring in the stamped postcard so that the court can mail it to the tenant.
Going to Court
It would help if you went to court on the date and time stated on the petition notice. Get there early since you will need to go through a metal detector before entering the courthouse. You should bring all your evidence in support of your claim or defense. The first courtroom you go to is called a “Resolution Part.”
For information on serving eviction papers, contact an eviction service, call (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST. If you found this article helpful, please consider donating. Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us! We also invite you to check out our Frequently Asked Questions About Process Servers.