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Complaint for Unlawful Detainer - Residential Tenant Holding Over...

Kings New York Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

Name: Kings New York Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term
Brand: US Legal Forms
Rating: 4.65 (375 reviews)

Category:

Landlord Tenant - Unlawful Entry and Detainer

State:

Multi-State

County:

Kings

Control #:

US-03315BG

Format:

Instant download

Description

Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.

An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A holdover occurs when a tenant continues to occupy and use the premises after the term of the lease ends. If the landowner continues to accept rent payments, the holdover tenant can continue to legally occupy the premises.

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.

Holdover Amount means, as of any date, the aggregate of any shares of Common Stock that the Covered Person was permitted to Transfer in accordance with the provisions of this Letter Agreement in any completed Transfer Period that were not so Transferred.

Noun C /02c8ho028ald02cco028a·v0259r/ a person or thing that continues from an earlier time, esp. a person who continues in an organization after other people have been replaced: The coach had a pointed message for newcomers to the team and a reminder for the holdovers.

The terms holdover tenant and tenant at sufferance are often used interchangeably; is there actually a difference between these two things? As mentioned above, a holdover tenant is a tenant that stays beyond the lease period without the explicit permission of the landlord.

Holdover tenants become month-to-month if a landlord accepts rent. If a tenant continues to pay rent even after their lease is upand their landlord accepts itthen they are no longer a tenant at sufferance. Instead, they usually enter into a month-to-month tenancy.

The Notice of Eviction gives you at least 14 days' notice and should have the date you must move. The eviction can be scheduled any time after that date. But you can only be evicted on a business day, so if the 15th day falls on a weekend, the eviction can't take place until Monday.

In the state of Ohio, if tenants hold over, or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

The process for evicting a holdover tenant in New York is known as a "holdover summary proceeding." 3 It's similar in some ways to a regular eviction proceeding (albeit more complicated) and involves the landlord asking the court's permission to evict the tenant, serving the appropriate court documents to the tenant,

Kings New York Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

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Interesting Questions

What is an unlawful detainer in the context of a residential tenant holding over after the expiration of the term?

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