Landlord Tenant Lawyer for Holdover Evictions in NYC

Whether you're a landlord trying to evict a tenant , or you're a commercial tenant that's being evicted, contact the Law Office of Richard Kistnen today to get started on your Landlord-Tenant case.

HOLDOVER EVICTIONS

One way to evict a tenant is to bring a holdover case.  A holdover case is one in which the landlord alleges that, for one reason or another, the lease is no longer enforceable and is seeking to recover possession of the premises.  If done incorrectly, however, your case will likely be dismissed.  There are lots of procedural requirements that a landlord must meet to properly bring a holdover case.  If your case gets dismissed for failing to comply with these hyper-technical requirements, you will have to start a new case all over again.  A dismissed case means wasted time, energy and money for you.  In Landlord-Tenant cases, the more time you waste, the more money you'll lose.  Don't waste anymore time, energy or money - contact the Law Office of Richard Kistnen today to start your holdover eviction.

WHAT DO I NEED TO START A HOLDOVER CASE?

Since properly bringing a Landlord-Tenant case can be tricky, you have to start by determining that it's the right kind of tenancy.  To start a non-payment eviction case, you'll generally need to have and establish the following:

  • Identify who can bring the petition: usually the owner or a property management company
  • Identify all tenants in possession of the premises
  • If the allegation is that the tenant has breached the lease, then you'll also need a copy of a valid and enforceable lease.


HOW TO START A HOLDOVER CASE

Once you've identified the proper parties and have a copy of the lease, if necessary, you can start your holdover eviction case.  Each case is different, but generally here are the steps to starting a non-payment eviction case:

  • 1
    Prepare a written Notice to Vacate that gives the tenant one full rental period of at least thirty (30) days to vacate the premises.
  • 2
    Serve the written notice on the tenant(s) as allowed by law.
  • 3
    If the tenant(s) fail to vacate according to the written rent demand, then you can prepare and file a Notice of Petition and Petition in Landlord-Tenant Court.  The Notice of Petition will include a date to return to court, and these documents will have to be served on the tenant(s) as allowed by law.

WHAT CAN I EXPECT IN LANDLORD-TENANT COURT?

Even if you are familiar with it, appearances in court can be very stressful.  There are lots of people, lots of things going on, lots of emotions even out in the hallways.  Below is a brief description of what you can expect when being in court for your eviction case:

  • Arrive at court and check in with the courtroom clerk.  Usually, all of the cases will be posted outside of the courtroom door.  Find the number of your case and tell that to the clerk to check you in to ensure that you don't lose your case for defaulting.
  • When the other side arrives and they check in, advise the clerk to put the case up for a conference.  Generally, all cases are conferenced with a court attorney to see if settlement is possible.
  • If settlement is possible, you create a written stipulation of settlement that all parties will sign, and be reviewed by the judge to make sure all parties understand the settlement agreement.  If the case cannot be settled, the case will be adjourned for the parties to come back to court for trial.
  • If the other side failed to show up and a default is entered, your case will be marked for an inquest before a judge, where you will present your case to determine any monetary damages.

WANT TO FILE YOUR OWN LANDLORD-TENANT CASE?

If you're the DIY type and you want to bring your own holdover eviction case, sign up below to get access to free document templates that you can use to prepare your holdover case.

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