NEW YORK STATE UNIFIED COURT SYSTEM

1 TENANTQUESTIONS & ANSWERSH oldover Eviction Casesin New York StateDISTRICT, CITY, TOWN & VILLAGE COURTS OUTSIDE NEW YORK CITYM arch 2012 Table of ContentsWhat if the landlord/owner is suing to evict me?(holdover). 1 How do I Answer a holdover Petition? .. 4 How is the landlord/owner supposed to give me thepapers to start the case?(service).. 6 How do I get ready for COURT ? .. 8 What do I do when I go to COURT ? .. 7 Can the landlord/owner and I agree to settle thecase? .. 10 What happens at a trial? .. 12 What is an eviction? .. 14 What do I do if I need to go back to COURT to ask theJudge to do something on the case?(order to showcause) .. 15 Where can I go for help and information? .. 17If you live in New York City in the Bronx, Brooklyn, Manhattan,Queens, or Staten Island, this guide is not for you.

2 Visit: if the landlord/owner is suing to evictme?The landlord/owner starts aholdovercase to evict a tenant oranother person (also called anoccupant) in your home. Aholdover case is started for a different reason than nonpayment ofrent. For example, a holdover case is started because your leaseexpired, or you are too noisy, or the tenant gave you the apartmentwithout telling the landlord/owner, or you put a wall up the landlord/owner starts a case only to collect rent, that is not a holdover case. Thatis called anonpaymentcase. If the landlord/owner started a nonpayment case againstyou, this guide is not for you. You can read the nonpayment guide at: the landlord/owner start a case to evict me even if I didn t do anythingwrong?

3 Maybe. If you do not have a written lease, or your apartment is notrent regulatedandyour lease expired, the landlord/owner may be able to go to COURT to evict you even ifyou did not do anything wrong. Rent regulated apartments are rent stabilized or rentcontrolled. If your apartment is rent regulated the landlord/owner is supposed to renewyour lease if you want to my lease expired, does the landlord/owner have to give me any noticebefore starting a case?In most cases, the landlord/owner can start a holdover case after your lease endswithout giving you any warning. If the landlord/owner takes rent from you after thelease ends, then the landlord/owner must give youNotice of Termination. You also getnotice if the landlord/owner wants to evict you during your is Notice of Termination?

4 The landlord/owner gives youNotice of Terminationto end your tenancy. The noticecan be told to you or given to you in writing. The Notice of Termination should: tell you the reason, and tell you the date that you must move - at least one month, and tell you the landlord/owner will start a case if you don t move by is a Notice to Quit?The landlord/owner gives you a ten-day Notice to Quit when the landlord/owner thinksyou do not have any right to stay in the apartment. You get this notice if you startedliving in the apartment without the landlord/owner s you don t move out by the deadline in the notice, the landlord/owner can start a caseagainst got a Notice to Cure, what is that?If you live in a rent regulated apartment, or you rent or own a mobile home in a mobilehome park, the landlord/owner is supposed to give you aNotice to Curewhen thelandlord/owner thinks you are not following the lease.

5 For example, the notice may tellyou to remove an illegal washing machine, or give up your pet, or stop making Notice to Cure gives you time to fix the !If you don t correct the problem by the deadline in the notice, thelandlord/owner must give youNotice of Terminationending your lease before starting acase against does the landlord/owner start the case?To start a holdover case, the landlord/owner must give you COURT papers called aNoticeof Petition and Petition. The landlord/owner must give you the papers the right way(see page 6). The papers tell youthe date, time and place (courtroom orPart) whenyou have to come to you get a Petition, you must come to COURT on the COURT date. When you come tocourt you shouldAnswerthe Answer lets you tell the COURT your side of the story.

6 Your Answer says the legalreasons why the landlord/owner should not win the case. See page 4 for how happens if I don t come to COURT ?If you don t come to COURT the landlord/owner can ask the Judge for ajudgment ondefaultagainst you. If the landlord/owner gets a judgment against you then you can page 15 on going back to COURT to ask the Judge to do something on your if I can t come to COURT on the date I was given?You can ask the landlord/owner to agree to a new date. If the landlord/owner agrees,get this in writing and bring it to the COURT Clerk before your original COURT date. Or,some courts may allow you to do this over the phone. Call the COURT . You can alsosend someone to COURT on your COURT date to tell the Judge why you can t be must have a good reason why you can t come to !

7 If you don t go to COURT and send someone in your place, the Judge may notagree to give you a new date and you may lose the I pay the rent?If you try to pay, the landlord/owner may not accept the money. But, if thelandlord/owner takes your money after the deadline in the Notice of Termination or aNotice to Quit and before the case is started, this can be a defense. Tell the COURT . Thelandlord/owner may have to start all over the case has started, the landlord/owner can take your money. This is calleduseand occupationinstead of rent. A Judge can order you to pay use and occupation whilethe case is going on. The use and occupation can be more than the rent you the COURT going to give me a lawyer?No. There is no right to a free lawyer in landlord-tenant I have to have a lawyer?

8 It is always better to have a lawyer, but you do not have to have one. Voluntaryassociations and corporations must have a lawyer for cases in the District or Citycourts, but not in a Town or Village the landlord/owner starts a case against youhe or she is thepetitioner. You are do I Answer a holdover Petition?There are two ways to answer the Petition: when you go to COURT tell the Clerk or Judge your Answer (oral Answer),*or give or mail a copy of a written Answer to the landlord/owner and give theClerk or Judge the Answer.* If you tell the COURT your Answer check to see that the COURT wrote down everything you said. The Clerkof Judge must do this under the do I Answer the Petition?You can Answer when you go to COURT unless the Notice of Petition says you have toanswer at least three days before your COURT do I say in the Answer?

9 An Answer lets you tell the COURT your side of the story. Your Answer says the legalreasons that you should not have to move. The legal reasons are will have to prove your defenses in defenses depend on the facts of your case. Here are some examples: You didn t do what the landlord/owner said you did, or it is not as bad asthe landlord/owner said, or you fixed the problem when you got a Noticeto Cure. The Notice to Cure or the Notice of Termination do not contain enoughdetails for you to understand what the landlord/owner is !If you do not tell the Clerk about a defense in your Answer you might not beable to talk about it later in your landlord didn t say anything or give me anything before starting thecase, is that a defense?

10 Maybe. The landlord/owner may have to give you notice before starting the case. Seepages should I say if I am in the military or dependent on someone in themilitary?Tell the Clerk or Judge. In some cases you may be allowed to delay the case for 90days, if you or someone you depend on is on active the landlord/owner have to give me COURT papers in a special way?Yes. The Notice of Petition and Petition must be given to you the right way. This iscalledserviceof papers. If the landlord/owner does not serve you the right way this is adefense. Tell the COURT . The Judge may make the landlord/owner start all over page 6 to learn how the landlord/owner is supposed to give you the Notice ofPetition and if I live in a rent regulated apartment?