Posts tagged with "Eviction forms"

New York Eviction Laws On Holdover Cases

Holdover Summary Proceeding – generally used to refer to any summary proceeding brought to evict on some basis other than for non-payment. 

Expiration or Termination of Lease – RPAPL §711(1) provides the fundamental authority for a holdover proceeding, and authorizes the maintenance of a summary eviction proceeding against a tenant who “continues in possession … after the expiration of his term without the permission of the landlord”. This applies to the tenant whose lease has expired by operation of law or because the lease has been terminated by operation of a conditional limitation in the lease. The terms of the lease control. The lease cannot be terminated for reasons other than those allowed under the lease (ie. No termination for “objectionable conduct” unless there is a provision in the lease authorizing such termination. See Perrotta, 98 AD2d 1, 469 NYS2d 504; Levesque, 106 Misc2d 432, 430 NYS2d 482). 

Rent / Use and Occupancy – Petitioner may seek rent for a period prior to the end of the tenancy and U&O for the period respondent “holds over”. The amount of U&O is set by the Court, but is generally set at the amount of the rent. 

New York Eviction Laws on Non Payment Cases

Three Day Notice – RPAPL 711(2) requires petitioner to make a demand for rent prior to commencement of the eviction proceeding. The demand can be oral or written. If written, it must provide respondent with 3 days to pay the rent. The 3 day Notice must be served on the respondent and filed with the Court. The 3-day notice must state the amount of rent due and the period of time covered by that amount, together with a demand that the total amount be paid within 3 business days after service of the notice or tenant must give up possession. The date of service is excluded, as are Saturdays, Sundays and holidays.

Petition must seek rent and not other charges – While petitioner can seek attorney’s fees (if agreed to in the lease) and Court costs, generally, respondent cannot be evicted for the failure to pay these costs, especially in a rent-regulated situation.