How to serve a Holdover Notice
TO PREPARE ANY EVICTION NOTICE BY A TRAINED PROFESSIONAL
CALL 888-554-4666
Holdover Notices
You must always give the tenant a written notice before you can start a holdover case to get rid of the tenant. If you have to give the tenant a notice, there are different ones and you must give the tenant the right one. The notice must be delivered to the tenant the correctly. The safe way is to use a Process server.
If the tenant or occupant doesn’t move out by the deadline in the notice, you can begin a holdover case.
Notice to Cure
If the tenant has done anything that is not allowed by the lease you should give the tenant a written notice called a Notice to Cure. Examples of when you use this Notice are if the tenant has a pet, or a washing machine that you did not agree to, or the tenant is too loud all the time. The Notice to Cure lets the tenant know what he or she is doing wrong and gives the tenant 10 days to fix the problem. If the tenant fixes the problem, the tenant can stay and you shouldn't start the case. If the tenant doesn’t correct the problem by the deadline in the notice, you should give the tenant a second written notice called a Notice of Termination before you can start a case.
Notice of Termination
If the tenant never had a lease, or had a lease but you collected rent after it ended you must give the tenant a Notice of Termination. You would not serve a Notice to Cure. If you want to evict a tenant who did something not allowed by the lease, you should give the tenant a Notice to Cure before you can serve a Notice of Termination.
A Notice of Termination would be given to a tenant to end the tenancy. The notice lets the tenant know the reason, the date that the tenant must move, and that a case will be started if the tenant doesn’t move by the deadline. Give the tenant at least 30 days notice to vacate the property. The last day in the notice must be the last day of a rental period. For example, if the tenant pays rent on the 20th of every month then the last day should be the 19th of the month.
Collecting rent after the termination date in the notice restarts the tenancy. The tenant can tell this to the court and your case could possibly be dismissed.
Notice to Quit
If there's someone living in the home that you didn’t have a written or verbal rental agreement with, you should serve a Notice to Quit. The Notice to Quit must tell the occupant that he or she has 10 days to move and must give the reason. The reason is either that the occupant has to move because he or she is a licensee or a squatter.
A licensee is someone that the tenant invited to live in the home without your permission. If the property is outside NYC, contact empirestatelegalservices.com, and have a Notice to Quit for a licensee outside NYC prepared.
A squatter is someone that started living in the home without anybody’s permission If the property is outside NYC, contact empirestatelegalservices.com, and have a Notice to Quit for a licensee outside NYC prepared.
TO PREPARE ANY EVICTION NOTICE BY A TRAINED PROFESSIONAL
CALL 888-554-4666
