Holdover Process leading to Eviction

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Thirty days have passed and now we must move on to the next step.

The following forms must be filled out.

Blumberg Petition form X210 ,Blumberg Notice of Petition form X211,Blumberg Post card Form  T216

Bring all the forms including the original Notice of Termination form, to the cashier where you will pay a Filing fee to purchase an Index Number for the case. You can pay by cash, or by certified check or money order made out to the clerk of the civil court. The clerk will stamp the index number on your papers Note: at the time you pay for the Index Number. You must choose a court date.

The Clerk will return the Notice of Petition with the Index Number stamped on it and the court date indicated. Make a copy of the numbered Notice of Petition and serve the tenant with the copy of both the Petition and the Notice of Petition using the same method as above. (Serve the papers the same way as the thirty day notice)

The copies must be served not less than five (5) Calendar days and not more than twelve (12) calendar days from the day that you selected for coming to court. You will need to bring back the original Notice of Petition with the notarized Affidavit of Service on the back filled out by your server/friend. Within three (3) days of service. In addition, you will need to bring the postcard with a postage stamp on it so that the court can mail it to the tenant.

Show up early for your court date and bring all evidence that you might need to show the judge (deed, lease, receipt book, etc…). If the tenant does not show up there will be a hearing where you will have to prove that you notified the tenant of the proceeding as well as prove your case against the tenant. Each allegation on the Petition must be proven, so you will need your deed, lease, receipt book. Etc.

Be sure to keep copies of all papers filed in court.

Disclaimer This information does not constitute legal advice. You should consult an attorney before beginning a court proceeding.

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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.

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