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Obtain the proper forms. To file an eviction complaint, whether for a non-payment case or a holdover case, you’ll need a Notice of Petition, a Petition to Recover Possession of Real Property, and an Affidavit of Service. The forms are slightly different for each of the two types of cases. You can get those forms on the New York Courts website here.

  • The Notice of Petition basically advises the tenant that the case has been filed, says what you’re asking for, and provides information as to the court location and the court date (which the court clerk will give you).

  • The Petition to Recover Possession lays out the reasons why the case was filed. It also contains information such as when the tenancy started, and when the tenant was supposed to vacate. You’ll also be permitted to request payment of rent arrears, interest on the arrears, and any court costs you paid.

  • The Affidavit of Service indicates how the notices were served on the tenant.

  • In the Notice of Petition and Petition to Recover Possession, you have to list anyone living in the premises who’s 18 years of age or older.

  • Both the Petition to Recover Possession and the Affidavit of Service must be notarized. The Notice of Petition doesn’t have to be.

Serving an eviction Notice

Serving a Notice of Petition

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