Bronx New York Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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Bronx
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A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


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.

A Bronx New York Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal filing initiated by a landlord against a tenant who continues to occupy a rental property after the lease or rental agreement has expired. It is a legal remedy sought to regain possession of the property. Key elements of this complaint typically include: 1. Tenant Information: The complaint begins by identifying the tenant, including their name, address, and any other relevant contact information. 2. Property Details: The complaint specifies the address and description of the rental property in the Bronx, New York, including details such as the type of property (apartment, house, etc.), the number of rooms, and any unique features. 3. Lease Terms and Expiration: The complaint outlines the lease or rental agreement terms, including the agreed-upon duration of the lease and the specific date it expired. It may also refer to any clauses related to lease renewals, termination notices, or holdover provisions. 4. Allegations of Holding Over: The landlord explains how the tenant has violated the lease agreement by holding over and occupying the premises after the expiration of the agreed-upon term. This may include specific dates and instances where the tenant was notified of the lease's expiration and informed to vacate the property. 5. Request for Relief: The complaint requests the court to grant the landlord relief in the form of a judgment of possession, possession of the property, and other applicable damages or remedies. The landlord may also request payment for overdue rent and any other financial losses incurred due to the tenant's actions. Different types/variations of the Bronx New York Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term may include: 1. Commercial Property: This complaint applies to tenants holding over commercial properties, such as storefronts, offices, or warehouses, in the Bronx, New York, after the expiration of their lease agreement. 2. Residential Property: This type of complaint pertains to tenants unlawfully occupying residential properties, including apartments, houses, or condominiums, in the Bronx, New York, beyond the expiration of their lease. 3. Single-Family Home: This variation specifically addresses tenants who refuse to vacate a single-family home in the Bronx, New York, after their lease term has ended. 4. Multi-unit Building: This complaint is applicable to tenants who continue to occupy one unit within a multi-unit building, such as an apartment complex or a co-op board residence, after the lease has expired in the Bronx, New York. 5. Public Housing: This type of complaint deals with tenants who are unlawfully occupying public housing properties in the Bronx, New York, when their lease or rental agreement has expired. Please note that the description provided above is a general overview and may not encompass all possible circumstances or legal nuances that can arise in a Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term in the Bronx, New York. It is important to consult a legal professional for accurate advice and tailored information based on your specific situation.

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How to fill out Bronx New York Complaint For Unlawful Detainer - Tenant Holding Over After Expiration Of Term?

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FAQ

If you do not have a written lease, or your lease expired and you don't live in rent regulated housing, the landlord/owner may be able to go to court to evict you even if you did not do anything wrong. It is the landlord/owner's right to evict you without a reason.

Landlords in both New York State and New York City can evict holdover tenants through a holdover summary proceedinga process that's similar to a regular eviction. However, NYC landlords have to show good cause to evict a holdover tenant who is in a rent-controlled apartment.

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.

If you have a written lease for a specific amount of time, you can only be evicted if: The lease is up. Your landlord must provide you with notice if they will not renew your lease. Below are the types of notice required based on how long the lease is, including prior lease periods.

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.

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.

If you want to evict due to the tenant not paying the rent, a 14-Day Demand For Rent Notice must be issued. For tenants who fail to comply with other terms of the lease, a 30-Day Notice should be given. If the tenant doesn't comply with the notice, you can then file a legal eviction lawsuit in court.

New York tenants who stay past the end date of their lease can typically be evicted. Landlords in NYC may need "just cause" to evict a holdover tenant, however. Tenants who stay beyond their lease end date become holdover tenants.

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If the tenant continues living in the rental property after thirty days, the eviction process continues. 3. Conducting illegal activity.Whether these lease terms are valid remains to be seen. III. Pauses at the Close of Eviction Proceedings. The tenant must be served with a complaint, affidavit, summons, and notice of intent to issue writ of possession. Property a holdover proceeding or a nonpayment eviction proceeding. Guaranteeing free legal representation to all low-income tenants facing eviction in the City's housing courts. If you can't meet them, you will face legal issues when attempting eviction; you cannot evict without a breach in tenancy agreement terms. Subject to eviction at the end of the lease term. After decades of tenant organizing, in 2017, NYC became the first jurisdiction in the country to provide a Right to Counsel for tenants facing eviction.1.

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Bronx New York Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term