An eviction case your landlord can start to ask to have you removed from your apartment. Usually not just for back rent.
You might first receive a notice that the landlord wants you to leave and that a court case will be started if you do not move out. Depending on the type of.
You will first be asked to try to settle your case. You will talk to the landlord or his lawyer and try to make an agreement called a stipulation. Be very careful.
Many holdover cases are settled, instead of going to trial, and the written agreement with the details of the settlement is called a stipulation. Holdover cases in rent regulated apartments that are.
Before bringing a holdover case, NYCHA usually holds a termination of tenancy hearing first to determine if they should evict you. Some NYCHA tenants are brought directly to housing court.
If the hearing officer determines that you must leave the apartment (terminates your tenancy), NYCHA will then begin a holdover case against you in Housing Court. The judge in Housing Court cannot.
The first step in a NYCHA holdover case is a termination of tenancy proceeding. (There are some cases that start in Housing Court first – those are unusual and tenants in these.
Rent stabilized and rent controlled tenants have many rights. The landlord must have a good reason to bring a holdover case.
Be very careful what information you tell the landlord and his attorney during your hearings because this information may be used against you.
The landlord might be accusing you of violating the lease, or the law. Or the landlord might accuse you of harming the apartment or other tenants. Some common claims in holdover cases.
If you live in a private house, a rented room, or another type of unregulated housing, and you don’t have a lease or the lease is expired, the landlord does not need to have a good reason to have you evicted. At the hearing, you and the landlord will try to come to an agreement about how much time you will get to move out and whether or not you will have to pay any money for rent, use and occupancy or arrears.
The maximum time the court can give you to move out is 1 year from the date of the judgment. You may or may not get the full year but it is.
If you are living in a legal apartment, the court does not have the power to allow you to stay in the apartment without paying rent. The landlord may agree to waive.
You can go back to court and ask the judge to give you more time. You do this by filing an order to show cause (OSC). You will have to show the.