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What documents or evidence do I need to present to court at the hearing in a holdover eviction proceeding?

East Meadow, NY |

Im evicting a tenant from a single family house in East Meadow, New York. The tenant was served the 30 day notice to vacate. They didnt leave after 30 days. The tenant was also served notice to appear in court.

Attorney Answers 5


  1. That depends on the exact nature of your claim and the specific facts. Speak to an attorney with all of your paperwork.


  2. Typically in a single family home situation you need to establish your ownership and the legality of the premises. However, holdover proceedings are deceptively complicated and a review of your petition is needed as is any possible government subsidy program if applicable.

    That's why we're hesitant to pop off a simple answer. It's not a plug and play operation. Dealing with the government in any capacity requires representation.

    Good luck.


  3. Evictions are never as simple as they seem. Consult an attorney right away.

    I am not your attorney and any posts/messages or responses to posts/messages can not and do not establish an attorney-client relationship. You should not rely upon free legal advice, and I disclaim any liability for the outcome if you do. Any opinions offered on matters outside New York State are for general informational purposes only.


  4. I agree with the other attorneys here that an eviction proceeding is not as simple as it seems and that you should consult an attorney. At a minimum prove your ownership, the lease terms if any, whatever notices you provided to the tenant and proof rservice of the notices including the 30-day notice.

    The information contained in this posting is for general information purposes only and does not constitute legal advice. The furnishing of this information does not create an attorney client relationship. An attorney client relationship requires the furnishing, review, and signing of a retainer agreement.


  5. Proof of the 30 day notice to vacate and proof, followed by proper service on the occupants will do it. Bring proof of your ownership or management rights to lease the property. Evictions are more complicated than they seem, so retaining an attorney is a good idea.

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