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

Asked 10 months ago - 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. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

  2. Terry David Horner

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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... more
  3. David Michael Kasell

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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... more
  4. Daniel H. Richland

    Pro

    Contributor Level 13

    1

    Lawyer agrees

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

  5. Mitchell Jan Birzon

    Pro

    Contributor Level 13

    Answered . 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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