When a tenant’s right to remain in a property ends (whether due to a lease expiration, violation, or some other reason), New York landlords must begin the holdover eviction process with precise legal procedures. The key documents that formally start the case in Housing Court are called the Notice of Petition and Petition.
Our New York City landlord attorneys represent large and small property landlords in the Bronx, Manhattan, Queens, and Brooklyn. Stark Law PLLC can help you through this process from start to finish. With over 30 years of experience and an exceptional success rate, we’ve developed a longstanding track record of success in this field of law that you can count on.Â
Call (718) 792-1200 or contact us online today to schedule a free consultation. We’d be happy to provide you with some initial legal advice and free materials to review.
How the Notice of Petition and Petition Process Works in NYC
After serving a holdover predicate notice, such as a Notice to Cure or Notice of Termination, the next step is filing and serving a Notice of Petition and Petition. These documents officially bring your case before the Housing Court.
The Petition outlines the facts of the case, including:
- The landlord’s ownership of the property
- The type of tenancy that existed
- The grounds for termination (for example, a lease violation or illegal occupancy)
- The relief being sought, such as possession of the property and any unpaid rent
The Notice of Petition informs the tenant that a proceeding has been started and provides the date, time, and location of the applicable court appearance.
Both documents must be filed with the Housing Court and properly served on the tenant according to the New York Real Property Actions and Proceedings Law (RPAPL). Improper service and/or inaccurate information can potentially cause your case to be dismissed altogether.
How Stark Law PLLC Can Support NYC Landlords With the Holdover Notice of Petition and Petition Process
Filing and serving a Notice of Petition and Petition requires careful attention to detail. At Stark Law PLLC, we can handle the entire legal process on your behalf while helping you work toward your desired outcome as best as we can under state law.
More specifically, we can help you by:
- Preparing accurate petitions that meet all RPAPL and Housing Court requirements
- Filing documents with the appropriate Housing Court in the correct borough
- Coordinating lawful service of papers by licensed process servers
- Attending all court appearances and advocating for the landlord’s rights
- Negotiating settlements or stipulations of surrender when appropriate
- Pursuing judgments and warrants of eviction when necessary
Our attorneys’ decades of litigation experience in landlord-tenant law set us apart. We know how to navigate the complexities of NYC Housing Court and achieve favorable outcomes for property owners. We also proudly offer a 10% discount to veterans and police officers as a thank-you for their service.
Contact Our NYC Landlord Lawyers for a Free Consultation
If you’re ready to move forward with a holdover eviction in Manhattan, the Bronx, or Queens, Stark Law PLLC can help you take the next step with confidence. From preparing and serving your Notice of Petition and Petition to representing you in Housing Court, our team will ensure your case is handled correctly and appropriately.
Contact us online today or call (718) 792-1200 to schedule a free initial consultation. Our New York City landlord attorneys are ready to get to work for you as soon as you are.