Skip to main content

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

East Meadow, NY |
Filed under: Litigation

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

Posted

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

Mark as helpful

1 lawyer agrees

1 comment

Asker

Posted

The nature of my claim is that I just primarily want possession of my house. I let a tenant live there for 3 years without a written lease....a month to month tenancy. I need my house for personal reasons Now. Just wanted to know what do I need to show as a Landlord.

Posted

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.

Mark as helpful

2 lawyers agree

8 comments

Asker

Posted

There is no government subsidy program here. Its simple cut and dry... I let an individual live in my house for 3 years without a written lease, a month to month tenancy. I now want them to leave. Plain and simple I own the house and deed is in my name...like previously stated the tenant was properly served with a 30 day notice and a notice to appear in court. I need my house for personal reasons. I just wanted to know what documents would I need to get possession back at that hearing.

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

Thank you for a repeat of your facts. I believe you and I trust you. I would still need to see your petition and the thirty day notice to be sure you did it right and to be able to advise you properly. Otherwise, I am just agreeing with your belief of your case the way you structured it.

Asker

Posted

Lol..... So lets say for argument sake...ALL PAPERWORK was served PROPERLY IN THE EYES OF THE COURT AND!!!!! I provided my deed.....is there anything else that would be required???? I really want this person out of my house

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

In the world of the law, the opposite of the intended effect is the outcome. Legislatures decided getting rid of bum tenants was key to economic success so they ginned up procedures for "holdovers". The process is expedient and the documents are simple. However, because there are so many details involved, the4 simplicity becomes intricacy and complexity. The predicate notice has numerous specific requirements that if not met divests the court of jurisdiction over the matter and you have to reserve the tenant. The petition has numerous specific requirements within and outside of the petition. For example, if you accepted rent during the predicate notice period, you just blew your petition and you have reserve predicate notice and start over again. So before you expect to go to trial and present yourself as the landlord, we would have to check whether everything else was done correctly so that you don't get a motion to dismiss which will be granted sending you back to re-serving a fresh predicate notice. Good luck.

Asker

Posted

No.....I didnt receive any RENT from tenant during predicate notice period.

Asker

Posted

There was no checks issued to me after 30 day notice served

Asker

Posted

The last check I received from tenant was dated same month as 30 day notice but prior to that notice being served

Asker

Posted

It was a bank issued check....not a personal handwritten check

Posted

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.

Mark as helpful

2 lawyers agree

Posted

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.

Mark as helpful

2 lawyers agree

8 comments

Asker

Posted

I have all documents.....but can you tell me this, there were 2 court appearances in which I did not appear as per the request of my attorney at the time. The tenant did show on each time and it was adjourned each time so he could get a lawyer. Now on this 3rd appearance I will be there. If the tenant shows on the 3rd appearance WITHOUT an attorney. What will happen? Will the judge allow another adjournment or will tenant be in default.

David M. Kasell

David M. Kasell

Posted

The Judge may allow a further adjournment. If you are appearing without an attorney (I advise against taht) you should indicate to the court that you had an attorney the previous two appearances and why you don't have one this time. Then you should demand that if the tenant shows uup without an attorney afeter being granted time to getr one that the Court not allow additional tme for the tenant to get an attorney.

Asker

Posted

I do have an attorney.....he did not require me to show the first two times....the tenant showed both times without an attorney.

Asker

Posted

He should not be granted a 3rd adjournment.......it will be 30 days that he was given to go get a lawyer

David M. Kasell

David M. Kasell

Posted

I agree that he should not be entitled to further adjournment. Make sure yor lawyer understands your frustration and adk him what he plans to do to avoid the tenant getting more time.

Asker

Posted

Also when the tenant was paying rent he would send autopay checks to my po box. I deposited a check that was dated way prior to 30 day notice after the 30 day notice served. Would that constitute as receiving rent after 30 day notice/summary period? Or that shouldnt matter. Because he never issued any checks to me after 30 day notice served and I never received any payment......

David M. Kasell

David M. Kasell

Posted

You really ought to check with your attorney. He will be more familiar with all of the facts of your case.

Asker

Posted

Ok....Thank you

Posted

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.

Mark as helpful

1 comment

Asker

Posted

So with an attorney and properly served paperwork and certified deed showing ownership, this should be a cut and dry case since it is in nassau county....way different from city of new york jurisdiction. This tenant was served at end of june 2013 and was told to vacate by 7/31....tenant didnt leave. 1st court date was 8/28.....he got an adjournment to get lawyer...next date was 9/6, he showed...still without lawyer...now new date is mon 9/30.....I will be there with all documents. can judge give him another adjournment? If not, then this case should be finalized? I just want tenant out of my house, not fighting back rent. How much time could judge possibly give tenant to leave? The tenant already burnt 90 days. Hopefully before end of year.

Litigation topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics