B307 filled out as an example from the NYC Court House
B307 filled out as an example from the NYC Court House
We now have served the Notice of Petition and Petition of Holdover to the Tenant and under tenants the server must have the Document notarized. The original is returned to the county clerk’s office. This document must be filed with the county clerk’s office within three business days of service and with this you must give a postcard for each Tenant listed in the petition and Notice of Petition, with postage on the cards, You must fill out the cards with the date, time, address of the court, part and room that the case is to be heard. Now you wait for the day to go to court.
Land Lord Tenant Court Cashier window
Disclaimer This is not to be constured as legal advise please consult an attorney before starting any court proceeding
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.
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 (Holdover proceedings) from the eyes of a Landlord going to court in NYC.
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.