Starting a Licensee Holdover Case as a Landlord

The person who starts the case is known as the petitioner (usually the landlord). The person who answers the petition is known as the respondent (usually the tenant). If the property has more than one owner, only one person needs to be listed as the petitioner. A friend or relative cannot represent or appear for the petitioner in court.

If the licensee does not move out after the 10-day notice to quit is served, the landlord may file a licensee-holdover petition.

The case must be started in the county where the property is located. For example, if the property is in Brooklyn, the case must be started in Kings County Housing Court. If the property is in Manhattan, the case must be started in New York County Housing Court. Use the Court Locator box on the right to find contact information for the court.

There is a $45.00 filing fee required to start the case. See Court fees.

 

Forms needed to File

1. Original 10-day Notice to Quit {link to a sample}
2. Affidavit of Service of the Notice of Termination
3. Notice of Petition {link to a sample}
4. Petition {link to a sample}
5. Postcard

 

Filing the Forms

1. Click here for a sample on how to fill out the Notice of Petition and Petition. Make at least three copies of the Notice of Petition, Petition and Information on Answering a Notice of Petition and Petition for each tenant and undertenant and one for yourself. Also, make three copies of the 10-day notice to quit and affidavit of service which must be attached to the Notice of Petition and Petition.
2. Bring the original Notice of Petition and Petition, original 10-day notice to quit and affidavit of service of the notice of termination, all the copies that you made, and the completed Program User Survey to the Landlord & Tenant Clerk’s Office.
3. Go to the Cashier’s Window. Give the original papers and the completed Program User Survey to the Clerk, with a filing fee of $45.00. The payment may be made by cash, certified check or money order payable to the “Clerk of the Civil Court.”
4. The Clerk will accept and review the papers as to see if they are signed, if the residence is in the County where you are filing, and if there is a verification. If these are correct, the Clerk will accept the money, date and sign the Notice of Petition at the bottom (this is called ‘issuing the Notice of Petition’) and stamp the index number on the original forms. The Clerk will keep the Petition and give the Notice of Petition back to you.
5. The landlord must choose the court date to put on the Notice of Petition. The clerk will give the landlord the courtroom number and the assigned time to fill out on the papers.

 

Preparing to Serve the Forms

1. After the Clerk returns the Notice of Petition, arrange the copies into three sets for each tenant and undertenant. The Notice of Petition should be on top, followed by the Petition, followed by the Information on Answering a Notice of Petition and Petition and finally the 10-day notice to quit and affidavit of service of the notice to quit.
2. Fill in the Index No. on the copies of the Notice of Petition and Petition.
3. In the signature space, write in "/s/" followed by the name of the Clerk of the Civil Court as it appears in the original Notice of Petition.
4. Keep the original Notice of Petition separate from the copies. The papers are now ready to be delivered to the tenant(s) and undertenants.
5. The copies of the Petition and Notice of Petition must be served not less than five calendar days and not more than twelve calendar days from the court date.

 

After Filing the Forms

1. The landlord must make sure the tenant receives a copy of the Notice of Petition and Petition in the manner required by law (this is called serving the papers). {link|
2. The landlord must bring back to the court the original Notice of Petition with the notarized affidavit of service.
3. The landlord must bring the postcard with the correct postage so the court can mail it to the tenant.

 

What to Bring to Court

• deed
• multiple dwelling registration (if the building is a multiple dwelling)
• Affidavit of Service

 

What happens in Court

All cases start in the Resolution Part. If the case cannot be resolved between the parties and it is ready for trial, it is assigned to a Trial Part. The judge in the Trial Part will listen to all sworn testimony, review evidence and decide the case. Visit How to Prepare for a Landlord-Tenant Trial.