Eviction – The Outcome of a Holdover Proceeding

Eviction (Holdover proceedings) from the eyes of a Landlord going to court in NYC.

COURT HOUSE 

Step 1 

Holdover is the process taken to seek a warrant for eviction. Eviction is the final outcome of a holdover proceeding.

The process of eviction ((Holdover Proceeding)) is a very time consuming event. You must be prepared to treat this as a business because this is the way the courts view this process. New York State is a tenants state you will hear from many landlords that the” tenant has all the rights”. Holdover is the process used to bring the action into court. You use this process when you wish to gain possession of your property from a tenant.

The judge can also award you past due money owed to you. This is called “Use and Occupancy.”

Well first you must decide when you are going to start the process I have a rule of thumb if a tenant is ten to fifteen days late paying their rent and have no lease, they are a candidate for a Hold over proceeding, if they could not pay the rent in thirty days. They are not likely to pay the rent in fifteen, other candidates would be tenants that are a nuisance or involved in illegal activities.

First step to Holdover proceeding for a tenant in a non- rent stabilized, non -rent control apartment and non- government fundedTenant is the following.

You must fill out the thirty day notice Bloomberg form (B307).

When filling out the thirty day notice you have to describe the premise being sought after.

Name of the Tenants and all under Tenants living in the premise, If you do not have the under tenants name you can referrer to them as Jane Doe and John Doe.

You must have The Tenant served with a thirty day notice by someone who is not a party to the action, one for all Tenants and under Tenants who are in the apartment. This service should be done a few days prior to the commencement of the new rental period. If the rental period starts on the first of the month than you should serve them on or about the 26th or 27th of the expiring  month or if it starts on the 15th of the month then you should serve notice on the 10th or 11th of the month before new month begins.

Tenants can be served during the hours of 8am and 9pm Mon thru Saturday.

One day after serving the thirty day notice you must have it mailed to  all Tenants occupying the apartment , one by certified return receipt and one by regular US postal service.

You must have the server state at the bottom of the B307 on the reverse side that on the following day two mailings have been mailed  to each named respondent

The individual who made the service must sign the back and describe the person he served and acknowledge that he has also place a notice in the mail as described above. He must also state that he is not a licensed process server and is over the age of 18 and is not a party to the action.

You may also elect to have a process server do the serving of the thirty day notice for a fee.

This is not legal advice this is coming from my experience in doing my own personal Holdover proceeding. You may want to seek legal help if this seems to obscure you may go to any landlord tenant court  and ask to see the prose attorney they will assist you.

I started doing my own Holdover proceedings in 1997 and have very good results. On May 28, 2013 I started a new Holdover proceeding case and have had the Tenant served with a 30 day notice.

I did receive a call asking why I was taking these steps all I had to do was asked for the apartment and they would be willing to move. Apparently the Tenant forgot that I asked for the apartment a year ago and now is the time that I am ready to make this move. I have prepared myself to go forward with this proceeding.  Now I must wait for the Thirty days before I can serve them with a Notice of petition and a petition to Holdover.

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Published by

David Rivera

NYS Licensed Real Estate Associate Broker at NEUHAUS REALTY INC. Richmond ROAD , Staten Island, NY 10306 I am a Certified Short Sale Agent and e-Pro certified Equator Elite Agent.

6 thoughts on “Eviction – The Outcome of a Holdover Proceeding”

  1. HI – I don’t know if you are monitoring your comments, but I’m looking for a little assistance for instructions on how to fill in Blumberg’s B307-thirty day notice. It’s got me chasing my tail because some spaces are a bit ambiguous. Do you have an image of a B 303 completely filled in?

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    1. I have posted a example of a B307 thirty day notice as an example given to me by the court house. it is filled out . with examples of what you can use only use what applies to you.

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      1. Thank you for responding. I was hoping to see an image of the form filled out so that I knew what went where. For example, the top right corner of the form has an underlined field ending with a comma. I assume the date is to be written there, but I wasn’t sure. Then there is the prompt, “Premises:”, which I was a bit confused by as to if it meant the type of premises, or the address. Below that was the prompt, “at”, so I am guessing THAT is where the address is written.
        LOL. I am fine with the rest of the form, but was afraid of making the wrong assumptions on those fields. You see, I have to evict occupants from my mothers single family home – she passed away in April while she had several borders in the home. I am not exactly a landlord, but have to follow eviction proceedings of course. I think I’ll have an attorney do the actual eviction if these occupants don’t leave at the end of the 30 day period. I’m aware of how it needs to be served, but I got hung up on those little things because I know the courts will use such things to dismiss a 30 day notice to vacate.

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  2. Great Article. piece – I loved the insight ! Does someone know if my assistant could possibly grab a sample NY Landlord\’s Guide form to work with ?

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