Holdover process towards eviction

On  June 3, 2013 have spoken to the tenant who signed the least he wanted me to give him more time to move. As I mentioned on the previous blog I had told him over a year ago that the rent was going up and that he should look for a new place. So now that the year has gone by and the thirty day notice has been served the tenant will tell you anything to keep it out of the court and get more time.

If you decide to do this and the tenant does not find a place to move, you will have to start the proceeding all over again. Pay to have it served and mailings will cost you once more, So why would you agree to give him more time. Courts will give them enough time to move before issuing a warrant to evict.

This is the only advantage you have over the Tenant bringing them into court.



Eviction – The Outcome of a Holdover Proceeding

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


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.

NYC Landlords What you should Know


As a home owner that wishes to earn income on their real property you must know what you are getting into.

There is a proper way to screen potential tenants before allowing them to move in to your home or property. Credit checks, employment history, Character References and back ground checks are a good form of screening prospective Tenants. Last two known address is a good source as well, I would rely more on the landlord prior to the current landlord. Why?  Because some landlords will give good referrals to tenants they no longer wish to deal with. I would also suggest to visit them at their current location if possible. You should also visit your Landlord Tenant Court in your county or the county of the prospective Tenant to see if they have had landlord tenant issues.


What you should know about your credit score

How is your credit?

 This is a question that many consumers do not pay much attention to until they want to purchase an expensive  item. All they know is that they have a credit card and once a month, the bill comes and they pay a portion of it. They are not aware of loan to value of a credit card.

I would suggest that you take time out to see what your credit score is. As a consumer you should also know how to read your credit report. If you find discrepancies in the report you should be aware of your right to challenge any incorrect reporting.

You must be wondering where can you get a copy of  your credit report, actually you are entitled to a free credit report from the credit reporting bureau once every twelve months as per the federal trade commission.

There are two types of credit reports one is considered a hard inquiry and the other is considered a soft inquiry.

The hard inquiry is when a company or someone other than yourself asks to see what your credit score is for the intention of lending or extending credit to you. The number of request within a given period can affect your score. This request may stay on your credit report for up two years. This is why it is very important to know who is inquiring about your credit.

The soft inquiry is when you, yourself ask for the copy of your report to review what is on it. Be aware that you have the right to ask for a credit report at any time, when  someone denies you credit at no charge to you or once every twelve months for free

Here is a video to explain how credit  works, how it is calculated and how to fix it.

Are You A Senior and Over the Medicaid Income Limit?

Some of our Seniors do not qualify for Medicaid because of a few dollars. but now there is a way for them to qualify for Medicaid. They have two choices to qualify.

1. Spend down into Medicaid

This is when you just go over the limit to qualify for medicaid may it be a dollar or more, you would pay medicaid the difference to qualify. For more information click on this linkspend down into medicaid.


2. Pooled Income trust

This trust is develop so that your surplus income can be used towards the beneficiary (Senior) first before you spend down into medicaid. They will pay for housing,gas,electric etc…

Did You Know? USAA.com can save you money!!

USAA.com is an  organization that is built upon active and non active military personnel and their families. If your looking to save hundreds of dollars over the coming years you should look into the USAA.com. My personal experience has saved me hundreds of dollars in the first year of me joining. I have recommended it to other friends and family and they have saved just as much. From Home insurance to life insurance and much more. click on the above links.
However if you do go to the sight and join please give me feed back so I know that I am reaching you  with good important information

OPEN HOUSE 464 67TH ST BRKLYN, NY,11220 JUNE 5, 2011 12PM TO 3PM


David Rivera

Photo Gallery

464 67th St. Bklyn,


open counter kitche n

living room

spiral steps to loft

bed in loft

solariu/atrium frm J4

roof Deck

Unique 1 bedroom co-op with hardwood floors throughout, spiral staircase to loft, plus glass enclosed atrium in living room with door to balcony, all updated appliances, tile floor in kitchen and bathroom, security camera with intercom, plus awesome deck on roof top, this is a must see! This unique style co-op is located across from Leif Erickson park and square. This co-op has easy access to the BQE and and Belt parkway plus don’t forget the private parking space!

Bedrooms: 1
Bathrooms: 1
Parking Spaces: 1
Pets Allowed: Cats & Dogs
Located on Floor #: 3
Floors in Bldg: 3
Square Footage: 850
Agent Name: David Rivera
Broker: Appleseed Homes
MLS #: 360980
Maintenance Amt : 722.00
Powered by vFlyer.com vFlyer Id: 30168001

Did you know? Student Loans Can follow You to Retirement


Many of our young children go on to college to be educated for a better life than what we’ve had, and during that venture they acquire student loans. These loans are helpful and makes the education seem affordable. Most student loans are government issued loans thru third parties. We as parents are so proud of our children going to college that we co-sign and even go as far as to borrow the money for our children. There are some benefits to having a student loan, for example most student loans do not have to be paid until you finish your education. Student loans are given at a lower interest rate. Some of our children are career students, and the loans just pile up.
With that being said it is important that we understand that Student loans must be paid back, they are funded by the government and they need their money back with interest. So do not place the loan into Deferment , because the interest continues to build and the loan grows you may think it is ok. But as you go on in life the loan lays dormant but not forgotten growing larger every day with interest. You and your child should know the interest rate you are getting when accepting these loans.
If you think you can not pay the loan and bankruptcy is a way out think again because the requirements are straight forward and you will need an attorney to complete the task at hand, and he may not be able to do anything for you. Here is a perfect example of what I am referring to when you hire someone to do a bankruptcy proceeding.
This loan can follow you through life from your working career to retirement and the lender can garnish your Wages (Salary),tax refunds,social security etc…

Not paying back a student loan on time can put you into default and ruin your credit rating. Will not be eligible for any further federal programs and banks and credit institutions will not want to lend you any funds. Remember this is the beginning of your career so be careful on how you conduct yourself in your life be responsible and pay back what you borrow. If you can borrow a straight loan may be a better option in the long run so so some research.

Protect your children’s future

Congress is contemplating the removal of the  Mortgage interest deduction.

Join the cause to protect our future and children’s future. Remember the credit card deduction. oops!! I forgot many of You did not get the moment to enjoy that deduction. So even if you do not own a home now protect this Mortgage deduction for your future. Pass this on to as many people you can


Don’t lose yourself!

Identity theft is a crime that you may not know about until it’s too late. Some thieves will use your identity for a while and build up your credit without you being aware of it. Then when the pot is ripe they come down and milk your credit for everything it’s worth. When the bill collectors come knocking on your door. Your angry, upset, and wondering how this could have happened. This may take some time to clear  your records. While you’re trying to clean up this unfortunate nightmare that has occurred you may lose out on opportunities that are available to you. You may be set back on purchasing a home, car, boat ,student loan and  anything else you were interested in obtaining.

Most of us do not ask for annual credit reports leaving your credit worthiness up for grabs.  You sould be aware that there are people who live stealing identities. They go as far as looking into your garbage, mail, pick your pockets, through the internet, restaurants and other locations you frequent.-

You must protect yourself before it happens so when you need your credit it is there for you. Just taking a little bit of time to place alerts with the credit reporting agencies and your credit card company, putting alerts when new credit card applications are being process with the credit card agencies. I assure you credit card companies do not mind putting these alerts on your account since they are the ones at high risk of losing funds