What is a notice of petition holdover commercial ?
in the notice it says i need to be in court and " petition herein for judgement against you for all past due rent and past due additional rent of the subject premises through march 11, 2013 in the amount of 13,672.51 together with the use and occupancy at the rate of 8,000.00 per month commencing march 12, 2013 and continuing ...... together with the award of attorney fees, costs and possessions. "
I believe the claim is that your lease is up and you have not left or paid rent.
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I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Use and occupancy is the equivalent of rent in a holdover proceeding. They are seeking possession in the holdover and the U & O, legal fees and costs. The legal fees should be a clause in your lease. You should consult with an experienced landlord tenant lawyer to assist you.
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The point of a Notice of Petition (as required by the statute [Real Property Actions and Proceedings Law Section 731]), is to inform you of the date scheduled for the hearing on the landlord's "eviction" petition, and the time, Courthouse and Room, for the hearing, and to provide notice of the relief the landlord expects from a successful prosecution. The Notice of Petition must also inform you that you must assert an Answer in order to defend against the petition.
"***the notice of petition shall specify the time and place of the hearing on the petition and state that if respondent shall fail at such time to interpose and establish any defense that he may have, he may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action.***"
Based on the information you provided, I can deduce, that your landlord claims that the lease for your business already expired, or was otherwise terminated (earlier than as provided in the lease, usually due to a claimed default of an obligation of tenancy that was not cured within the allowed time), and that notwithstanding the end of the lease, or termination of the tenancy, you kept possession of the premises and did not turnover possession to the landlord, and that as of the time of the making of the Notice of Petition the landlord claims that you owe for past due rent through March 11, and that on the day that your business became a "holdover tenant" in possession, that the landlord claims that the cost that must be paid for the holding over is $8000/month.
So that is the case. The petition expands on expressing the relief requested by setting forth the material facts necessary to establish the landlord's claim.
In a nutshell, failing to defend the lawsuit and or failing to appear in court on the hearing date, would lead to a judgment for possession in favor of the landlord, a money judgment for the past rent and for prospective use and occupancy from 3/12/13, costs, disbursements and perhaps the landlord's attorney fees, as well as a warrant of eviction to a city marshal to evict your business.
Now that you know what the landlord claims the right to evict your business and obtain a money judgment, you will need a lawyer to defend the business, prevent the eviction and prevent the money judgment.
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The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
You or your business are being evicted from commercial space. It sounds like you have remained in possession of the premises beyond the lease terms and have been failing to pay rent. If you fail to attend the hearing a default judgment will likely be entered against you and a writ of assistance granted to have you removed from the premises. You should hire counsel to advise you on how to proceed.
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