Starting a Holdover Case

A holdover case is brought by the landlord for reasons other than unpaid rent, to evict a tenant or someone living in the apartment without the landlord’s permission.

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 tenant does not move out of the apartment after the notice to terminate is served, the landlord may start a case by filing court papers called a Notice of Petition and Petition.

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.

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 to the right to find contact information for the court.

There is a fee to start the case.

 

Forms needed to File

1. The original Notice to Cure or Notice of Termination
2. Affidavit of Service of the Notice of Termination- this is a sworn paper that tells how the Notice was served on the tenant(s).
3. Notice of Petition- a paper that lets tenant(s) know a that case has been filed against them and what steps the tenant should take next.
4. A Petition- is a sworn paper that asks the court to evict the tenant because the tenant does not pay rent.
5. Postcard- this will be sent by the court to the tenant to let the tenant know that a case has been filed against them.

Landlords who do not have a lawyer can buy a Notice of Petition and Petition, Service Copies, Postcard, and Affidavit of Service at a legal stationery store.

 

Filing the Forms

1. After completing the Notice of Petition and Petition, make a copy.
2. Then bring the forms to the Landlord-Tenant Clerk’s Office to the cashier’s window to buy an index number for $45.
   • Payment may be made by cash, certified check or money order payable to the "Clerk of the Civil Court." Go to Locations to find out where to go in your county. Refer to Court Fees to find out the cost of starting the case.
3. The clerk will stamp the index number on the original forms and will keep the Petition. The Notice of Petition is returned with the index number stamped on the front.
4. 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.
5. The clerk will give you back the Notice of Petition with the index number stamped onto it and the date of the hearing.

 

Preparing to Serve the Forms

1. After the Clerk returns the Notice of Petition to you, arrange the copies you made into three sets for each tenant and undertenant. The Notice of Petition should be on top, followed by the Petition, then the Information on Answering a Notice of Petition and Petition and finally the notice of termination or notice to quit and the affidavit of service of the notice of termination or notice to quit.
2. Use the original Notice of Petition you received from the Clerk to 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 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).
   • 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.
6. Go to How Legal Papers are Delivered to learn the steps must be followed.

 

After Serving the Papers

You must appear in the courtroom on the date and time given. Use the Court Locator box to find contact information for the courthouse in your county.

Arrive early to go through security before entering the courthouse.

 

What to Bring to Court

• lease and lease renewals,
• the deed, and
• the 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 landlord and tenant do not reach an agreement and if the case is ready for a trial, it is assigned to a Trial Part to heard on a future date.

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.