As a landlord in Brooklyn, it is essential to understand the eviction process and the different types of eviction proceedings. One of the most common forms of eviction in Brooklyn is the Holdover Eviction. Landlords may seek Holdover Evictions to remove tenants who have violated lease agreements or held over possession of a property beyond the lease term.
A Holdover Eviction is one legal process to remove a tenant from a rental property with lease violations. It is based on the tenant’s failure to comply with the lease’s terms, such as unauthorized subletting or breach of lease covenants. The process of a Holdover Eviction involves going to court and obtaining a judgment of possession and warrant of eviction.
If you are a landlord seeking to evict tenants who are holding over possession of your property in Brooklyn, it is essential to have an experienced attorney who understands the intricacies of Brooklyn’s laws and regulations regarding Holdover Evictions. At The Law Offices of Andrew J. Spinnell, LLC, we are experts in landlord-tenant law and can guide you through the entire process.
One of the critical requirements for any Holdover Eviction proceeding in Brooklyn is that the landlord must provide a written notice of termination of the tenancy to the tenant. This notice serves as a warning to the tenant that their actual tenancy period has ended and they must vacate the property. The Notice of Termination is delivered by hand or sent through certified mail, and a copy should be kept for the landlord’s records.
Aside from the Notice of Termination, landlords must also be able to prove that they have the right to evict their tenants by showing proper documentation of their ownership of the property. If the landlord decides to initiate the eviction process, it is recommended that they have an attorney from The Law Offices of Andrew J. Spinnell, LLC to guide the process.
Once the Holdover Eviction proceeding commences, the tenant must receive a Petition and Notice of Petition. The Petition outlines the reasons for eviction such as lease breaches or illegal subletting. The Notice of Petition will contain specifications of the hearing date and time in court, the court’s location, and the time and date a response must be filed.
At the hearing, the tenant may argue against the claims made in the Petition and may present evidence to support their case. As a landlord, providing sufficient documentation of lease violations and other relevant details will increase your chances of winning the case. We at The Law Offices of Andrew J. Spinnell, LLC, can help you prepare a well-documented case.
If the court finds in favor of the landlord, the tenant may have five (5) days to appeal the court’s decision to the Appellate Term of the Supreme Court. If the tenant fails to vacate the premises within the allotted time frame window, the landlord may get a warrant of eviction. The tenant would then be legally obligated to leave the premises within seventy-two (72) hours.
At The Law Offices of Andrew J. Spinnell, LLC, we are experts in landlord-tenant litigation, and we have helped numerous landlords navigate through Holdover Eviction proceedings successfully. We are aware of Brooklyn’s unique laws and regulations regarding evictions and can guide you throughout the entire process.
If you are a landlord in Brooklyn facing Holdover or Nonpayment Evictions, we can help you. We also assist landlords in defending Orders to Show Cause to Stay Eviction in Brooklyn if the tenant decides to fight the eviction and remains on the property during the appeal process.
Contact us today, and take advantage of our knowledge and experience in landlord-tenant law. We can help you through the eviction process with ease and success.