If we received a notice of petition holdover and lose when we go to court, how long will we have to vacate the premises?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we received a notice of petition holdover and lose when we go to court, how long will we have to vacate the premises?

We have resided her for 8 years and always maintained the property. We have fallen behind due to hardship and have to appear in court for the notice of petition holdover. We have 2 young children and are afraid of being thrown out within days. We have been looking for somewhere to move and intend to move as soon as possible.

Asked on September 6, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written about it seems that your landlord wants you to vacate the unit you have been renting for the past eight (8) years where you apparently have not been able to make the monthly rentals for a while. As such, the landlord has filed a petition against you and your family to end your lease seeking an order from the court that you owe money for past due rent and that you need to move out of the rental by a set date.

If you lose the hearing the court will order payment to the landlord for past due rent and that you need to be out of the rented unit by a set date, usually within a week or so after the final decision is made. You and the landlord prior to the hearing can always enter into a written agreement for a set date when you and your family will be moving out of the unit as opposed to the judge making the decision.

Good luck.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption