Form LT-H-RP Holdover Petition to Recover Possession of Real Property - New York

What Is Form LT-H-RP?

This is a legal form that was released by the New York State Unified Court System - a government authority operating within New York. As of today, no separate filing guidelines for the form are provided by the issuing department.

FAQ

Q: What is a Holdover Petition?A: A Holdover Petition is a legal document used in New York to recover possession of real property against a tenant who is unlawfully staying in the premises after the termination of their lease or rental agreement.

Q: When should I use a Holdover Petition?A: You should use a Holdover Petition when you want to take legal action against a tenant who is refusing to leave the property after the end of their lease or rental agreement.

Q: What information do I need to fill in the Holdover Petition?A: You will need to provide details about the property, the tenant, and the reason for the eviction in the Holdover Petition form.

Q: Do I need a lawyer to fill out the Holdover Petition?A: While it is not required to have a lawyer to fill out the Holdover Petition, it is recommended to seek legal advice, especially if you are unfamiliar with the eviction process.

Q: What happens after I file the Holdover Petition?A: After you file the Holdover Petition, a court will schedule a hearing to determine whether the eviction is justified. Both parties will have the opportunity to present their case.

Q: What can I do if the tenant does not leave after I win the eviction case?A: If the tenant does not voluntarily leave after you win the eviction case, you may need to request a Warrant of Eviction from the court, which will authorize law enforcement to remove the tenant from the property.

Q: Can the tenant fight against the Holdover Petition?A: Yes, the tenant has the right to contest the eviction by presenting their own evidence and arguments during the court hearing.

Q: What are the possible outcomes of a Holdover Petition?A: The possible outcomes of a Holdover Petition include the court granting possession of the property to the landlord, ordering the tenant to vacate the premises or in some cases, granting a monetary judgment against the tenant.

Q: How long does the eviction process take with a Holdover Petition?A: The eviction process can vary in duration depending on factors such as court availability, the complexity of the case, and the tenant's response. It can take several weeks to several months.