<\/span><\/h2>\nEvicting a holdover tenant in NYC typically involves several steps. Here’s an overview of the process:<\/p>\n
1. Notify the tenant:<\/strong> Provide written notice to the tenant stating that they must vacate the premises. Different types of notices may be required based on the specific circumstances of the eviction.<\/p>\n2. File a holdover petition:<\/strong> If the tenant fails to vacate as requested, the landlord must file a holdover petition in Housing Court. This legal document informs the court of the landlord’s intent to regain possession of the property.<\/p>\n3. Serve the tenant:<\/strong> The tenant must be properly served with a copy of the holdover petition. This can be done through personal delivery or by posting the notice on the tenant’s door.<\/p>\n4. Responding to the petition:<\/strong> The tenant has the opportunity to respond to the holdover petition by filing an answer with the court. This can potentially prolong the eviction process.<\/p>\n5. Housing Court hearing:<\/strong> Both the landlord and tenant must attend a scheduled hearing where they can present their case before a judge. The court will make a decision based on the evidence presented.<\/p>\n6. Obtaining a judgment:<\/strong> If the court rules in favor of the landlord, a judgment of possession will be issued, stating the date by which the tenant must vacate.<\/p>\n7. Warrant of eviction:<\/strong> If the tenant still does not vacate, the landlord can request a warrant of eviction, empowering the New York City Marshal to physically remove the tenant from the property.<\/p>\n