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Complaint or Petition to Recover Possession of Leased Premises after...

New York Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease

Name: New York Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease
Brand: US Legal Forms
Rating: 4.86 (360 reviews)

Category:

Landlord Tenant - Complaints

State:

Multi-State

Control #:

US-00867BG

Format:

Instant download

Description

This form is a generic pleading that may be referred to when ousting a tenant who has breached the terms of a lease or rental agreement by a tenant who has stayed (held over) after the term of the lease has expired.

A New York Complaint or Petition to Recover Possession of Leased Premises after the Expiration of the Term of the Lease is a legal document filed by a landlord to regain possession of a leased property after the lease agreement has expired. This type of complaint or petition is commonly used in landlord-tenant disputes, specifically when a tenant refuses to vacate the premises upon the expiration of the lease term. In New York, there are two main types of complaints or petitions that can be filed in this situation: Holdover Petition and Notice of Petition. Let's delve into each of these types and their significance: 1. Holdover Petition: A Holdover Petition is filed by a landlord when a tenant continues to occupy the premises even after the expiration of the lease agreement. This type of petition is used to commence a summary nonpayment or non-renewal proceeding against the tenant who is wrongfully holding over. Keywords: New York, complaint, petition, recover possession, leased premises, expiration, term of the lease, landlord-tenant dispute, tenant, vacate, nonpayment, non-renewal, summary proceeding, holdover. 2. Notice of Petition: A Notice of Petition is a legal document filed by a landlord to officially notify the tenant about the landlord's intention to commence court proceedings to recover possession of the leased premises after the expiration of the lease term. This notice is served to inform the tenant about the upcoming court date and the nature of the legal action being taken. Keywords: New York, complaint, petition, recover possession, leased premises, expiration, term of the lease, landlord-tenant dispute, tenant, court proceedings, notice, court date, legal action, serve, notify. In both types of complaints or petitions, it is crucial to include the relevant details such as the names of the parties involved, the address of the leased premises, the expiration date of the lease, the reason for recovery, and any supporting evidence or documentation. It is advisable to consult with an attorney or refer to the appropriate legal resources to ensure the accuracy and completeness of the complaint or petition. Keywords: New York, complaint, petition, recover possession, leased premises, expiration, term of the lease, landlord-tenant dispute, details, parties involved, address, supporting evidence, documentation, attorney, legal resources.

How to fill out New York Complaint Or Petition To Recover Possession Of Leased Premises After Expiration Of The Term Of The Lease?

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FAQ

If the tenant does not vacate after the expiration of the thirty days, the landlord's counsel can proceed with a holdover eviction action in the appropriate local forum. At this point, the parties, through their attorneys, may attempt to negotiate a resolution to the situation.

To start a holdover case, the landlord/owner must give you court papers called a Notice of Petition and Petition. The landlord/owner must give you the papers the right way (see page 6). The papers tell you the date, time and place (courtroom or Part) when you must come to court.

All holdover tenants are given a written notice to vacate. The landlord must serve this written notice on the tenant at least 14 days before the eviction date, which is also listed in your notice. You must also state that if your tenant does not leave by that time.

To remove a tenant from a property, a landlord must initiate a holdover proceeding, which essentially is an eviction case that is not based on missed rent payments. This is a process that is usually handled in eviction or small claims courts.

Service of a predicate notice (Notice Cure, Notice of Termination, Notice of Intention Not to Renew the Tenant's Lease Upon Non-Primary Residence, Notice of Intention Not to Renew Tenant's Lease for Owner Occupancy, etc.) is a critical first step in instituting a Holdover proceeding against the Tenant.

Eviction Conditions If the tenant, his agent, servant, people claiming under the tenant or anyone residing with the tenant has been found guilty of conduct which is an annoyance or nuisance to the adjoining house, the landlord can recover possession.

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3. Write the address of the rental property (for example, 321 FIRST ST., ANYWHERE, NY). 4. Check the first box if the property is used for business purposes. A landlord must file two court forms to begin a Holdover Summary Proceeding: (1) a. Notice of Petition - Holdover; and (2) a Holdover Petition to Recover ...Our office may be able to help you get back your rent security deposit. To request help, simply file a rent security complaint form with: Office of the New ... At a minimum, leases should identify the premises, specify the names and addresses of the parties, the amount and due dates of the rent, the duration of the ... Apr 12, 2023 — File a Complaint for Rent Escrow (DC-CV-083). The complaint must be completely filled out and filed in the District Court of the county where ... Sep 6, 2021 — PETITIONS OR COMPLAINTS IN NEW YORK CITY ... continues in possession of a property after the expiration of a lease term or fails to timely pay. by ET SCHNEIDERMAN · Cited by 4 — For New York City rent stabilized tenants, the landlord must give written notice to the tenant of the right to renewal by mail or personal delivery not more ... How to fill out Petition Possession Form? · Make use of the Preview function and read the form description (if available) to ensure that it's the appropriate ... Holding over by any lessee, after the expiration of the term of his lease, shall not be evidence of any agreement for a further lease. Parol leases of lands ... Landlord(s) must complete a Case Information Statement and file it with the court with the complaint. The information contained in the Case Information ...

New York Complaint or Petition to Recover Possession of Leased Premises after Expiration of the Term of the Lease

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