A holdover case is brought by the landlord to evict a tenant or a person in the apartment who is not a tenant for reasons other than simple nonpayment of rent. A holdover case is much more complicated than a nonpayment case.
The information given below is very general and there can be a number of differences in individual cases. In addition, this guide does not include information on how to bring a holdover against a rent controlled or rent stabilized tenant. The help of a lawyer is recommended in holdover cases.
To begin a holdover case
You must purchase the following Blumberg legal forms in a legal stationary store:
- B307 (Notice of Termination)
- X210 (Petition)
- X210C (Service Copies)
- X211 (Notice of Petition)
- T216 (Postcard)
Fill out B307. B307 is a 30 day or 10-day notice to leave the apartment. For example, a 30-day notice is for a tenant who pays rent. While a 10-day notice is for someone you allowed to stay with you without paying. Generally, a person so situated is called a “licensee,” or a “squatter” who came in without permission and did not pay any rent. After you have filled out form B307 (Notice of Termination) you should make photo copies of the completed form. You must keep the original B307 (Notice of Termination) for yourself. Have a friend or licensed process server deliver the copies to the tenant (See “How Are Legal Papers Served? ” on page 7). The 30-day notice must be served on the tenant before the beginning of the next “rental term.” A rental term is the time beginning the day the tenant is supposed to pay the rent and ending the day before the next rental payment is due.
For example, if the tenant is supposed to pay the rent on the first of each month, the rental term could be from June 1 to June 30 or July 1 to July 30. So for the notice to run from July 1 to July 31, you must be sure that the notice is served before July 1. If you are using the 10-day notice for a licensee or squatter, you can serve it at any time.
If the notice time has passed and the tenant or licensee is still in the apartment, you may begin the court proceeding to evict the tenant or licensee. Fill out the rest of the forms and make a copy of the completed X210 (Petition). Bring all the forms, including the original B307 (Notice of Termination), to the cashier in the Landlord-Tenant Clerk’s Office. You must buy an index number for $45.00. You may pay by cash, certified check or money order. The certified check or money order should be payable to the Clerk of the Civil Court. The clerk will stamp an index number on your original papers.
Someone on behalf of the landlord must give the tenant a copy of X210 (Petition) and X211 (Notice of Petition) after you buy an index number. Note: on form X211 (Notice of Petition), you must choose the court date when you and the tenant will meet in court. A Landlord/Tenant clerk will give you the courtroom number and the assigned time for you to fill out on the papers.
The copies of X210 (Petition) and X211 (Notice of Petition) must be served not less than five calendar days and not more than twelve calendar days from when you will come to court together. The clerk will give you back X211 (Notice of Petition) with the index number stamped onto it and the date of the hearing.
Make copies of X211 (Notice of Petition) with its new index number and serve the tenant with the copies of both X210 (Petition) and X211 (Notice of Petition) (See How Are Legal Papers Served ? on page 7). You will need to bring back to the clerk the original X211 (Notice of Petition) with the notarized affidavit of service on the back filled out by your friend or process server. In addition, you will need to bring the stamped postcard so that the court can mail it to the tenant.