Re: Holdover - Landlord Forum thread 348774

Re: Holdover by Katiekate (new York) on October 14, 2016 @09:11

Samuel, The terms you are using are confused,

When the tenant doesn't pay the rent, you file for eviction for cause.
It is done in NY this way.

First, you MUST post a "3 day notice". This must state that the tenant is past due on the rent. The total amount die as of the date of the notice, it must state that this is the require 3 day notice to pay the rent or vacate the property within 3 days.
You must post this and mail this, U.S. Post office. Then, you go to the court and swear out a certificate of service and get it filed with the court. (This is why I use a marshal of the court for this...I have to pay the Marshall..but it saves me the extra hassle)
Next, if the tenant then does not pay by day 4...then go to court to file for a "writ of possession". You need to fill out a copy for the judge, a copy for each tenant, and one for the court .... Each must be notarized. File all this and pick a Marshall for service delivery. You cannot deliver the court service yourself.
Finally, go to court on the appointed day and get the eviction order.
...

But, if you were to actually mean a hold over....then you gave proper notice to the tenant to move (30 days notice that must include one full rental period) and they didn't move at the end of that notice period....that is what holdover means...then, just go to court and file for the writ. You do not need another notice...not in NY state.

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