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It provides a structured form for tenants to fill out, detailing the amount owed and payment schedule, which must be signed by both parties. The agreement ensures that no eviction suit will be filed or that an existing suit will be dismissed if the tenant adheres to the payment plan.
Key Takeaways. A holdover tenant is a tenant who continues to pay rent, even after the lease has expired. The landlord must also agree, or else eviction proceedings may occur. Holdover tenancy exists in a gray area between a full rental contract and trespassing.
An Answer must be in writing and the entire caption, including the index number and an original signature is required. The Answer can be mailed to the County Clerks office. If it is an E-Filed case, the Answer needs to be uploaded to the New York State Court Electronic Filing website.
A court case to evict a tenant who remains in a rental property after the tenants right to occupy the rental property has ended is called a Holdover Summary Proceeding. In this kind of lawsuit, the landlord asks the judge to grant a judgment that will allow the landlord to evict the tenant.
The duration of NYC evictions typically ranges from 3 to 6 months. However, the timeline can vary depending on the reason for eviction. Evicting a tenant for lease violations can be resolved within 3 months, while holdover cases may take up to a year, especially if notice requirements were not met.
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If you are served with a holdover petition, generally you must answer orally or in writing in the courtroom on the date of the hearing. However, if the petitioner serves the notice of petition at least 8 days prior to the return date, the notice of petition may ask you to answer at least 3 days before the hearing date.
You will need to fill out an Affidavit and Order to Show Cause papers and bring them to the courthouse. If a Judge signs the Order to Show Cause with a stay of the eviction, this will stop the eviction after you have delivered the Order to Show Cause to the landlord/owner and any Marshal, Sheriff or Constable.
A holdover is an eviction proceeding a landlord brings in Housing Court for a reason other than nonpayment of rent. You may start a holdover case if: You are a landlord trying to evict a tenant, licensee, or squatter. A tenant is someone with whom you signed a lease agreement or from whom you have collected rent.

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