Notice of Holdover Petition – New York

The “Notice of Holdover Petition” form is used by landlords in New York City to initiate a holdover eviction proceeding against a tenant. This type of eviction is sought for reasons other than non-payment of rent, such as the tenant violating lease terms or staying beyond the lease period. The form details the following key components:

1. Petitioner Information: This section includes the landlord’s name, business address, and the index number for the case.
2. Respondent Information: This section includes the tenant’s name and address, and if applicable, the undertenant’s information.
3. Eviction Notice: The form informs the tenant that the landlord is suing for eviction and may also seek a monetary judgment.
4. Court Appearance: Details about the court date, time, and location are provided. It emphasizes the importance of attending the court date to avoid a default judgment.
5. Legal Defenses and Claims: Instructions on how tenants can present their defenses and claims in court, including the option to provide a written answer.
6. Resources and Assistance: Information on available legal, language, ADA accommodations, financial help, and resources available at the courthouse and online.

Completing the Notice of Holdover Petition Form

Steps for Landlords

• Fill Out Petitioner Information

Provide your name (as the landlord), your business address, and the index number for the case (assigned by the court).

• Fill Out Respondent Information

Enter the tenant’s name and address. If there is an undertenant, include their name and address as well.

• Detail the Eviction Request

State the reason for eviction (other than non-payment of rent) and specify any monetary judgment being sought, including the amount and interest details.

• Specify Court Details

Indicate the date, time, and location of the court appearance. Ensure all details are accurate to inform the tenant properly.

• Outline Legal Defenses and Claims

Provide information on how tenants can respond, including their right to present defenses and claims in court.

• Include Resources and Assistance Information

Ensure the form contains information about legal help, language assistance, ADA accommodations, financial help, and resources available both in the courthouse and online.

Steps for Tenants

• Read the Entire Form Carefully

Understand the reason for the eviction and the amount of money the landlord is claiming.

• Prepare for the Court Date

Note the date, time, and location of the court appearance. Attendance is crucial to avoid a default judgment.

• Gather Evidence for Your Defense

Prepare any legal defenses or claims against the landlord. You may present these in court or submit them in writing.

• Seek Legal Assistance

Utilize the resources listed for free legal help, interpreters, ADA accommodations, and financial assistance if needed.

Visit Online Resources

For additional information and help, visit the provided websites such as nycourts.gov/housingnyc and lawhelpny.org.

By following these instructions, both landlords and tenants can ensure that the Notice of Holdover Petition form is completed accurately and that they are prepared for legal proceedings.